The issue of people arriving by small boats and being housed in hotels is clearly a major concern for the country, and for my constituents. However, there is a lot of misinformation and misunderstanding on this issue, and so I want to set out the facts clearly and directly, answer some of the most common questions, and explain what this Labour Government is doing differently to fix a broken system left behind by the Conservatives.

Why are people who arrive by small boats allowed to stay in the UK?

Almost everyone arriving by small boat claims asylum. Under UK law, which reflects the United Nations Refugee Convention, someone with a pending asylum case cannot be sent back to their home country. That is because the basis of an asylum claim is fear that they could face persecution, serious harm, or even death if returned.

If an individual’s asylum claim is approved, they are granted legal status to remain in the UK. If it is rejected, they can be removed, but only once all legal processes have concluded.

Since Labour came into Government, around 40,000 people whose asylum applications were refused have returned, over 10,000 were forcibly deported, others chose to leave when they were told their application has been rejected. This shows why it is important that we work through the significant backlog that was allowed to grow under the last government. If we can process these claims quickly, then the people granted asylum can look for work and private accommodation and start contributing to society, whilst those deemed not to qualify can be removed from the country.

Why aren’t small boat arrivals arrested and detained?

Everyone arriving without authorisation is subject to “administrative arrest” by immigration officers and briefly detained for questioning. Most asylum seekers are not detained beyond the initial examination as the law only allows people to be detained if there is a realistic prospect of removal within a reasonable time.

I recently met with the organisers of the protest outside the Sandpiper Hotel and they were calling for people to be detained in camps and not allowed to leave. This would be illegal. They are not prisoners, they are asylum seekers awaiting a legal decision, but the quicker government is able to decide these cases the quicker we can get the expensive backlog down and reduce and ultimately end hotel usage for asylum seekers.

Is entering the UK to claim asylum legal?

Under current law, arriving without a visa is a criminal offence. However, UK law reflects the Refugee Convention which recognises that those fleeing danger may have no choice but to enter illegally to seek safety.
That’s why entering the country unlawfully does not automatically disqualify someone from being granted asylum. There is currently no such thing as an “asylum visa” that people can apply for abroad and people must be physically in the UK to lodge an asylum claim.

Can asylum be refused if the person travelled through France or another safe country?

Successive UK governments have argued that people should claim asylum in the first safe country they reach but the UN states that this is not required by the Refugee Convention or international law.

The law can allow the Home Secretary to declare a claim inadmissible if the person was previously in another country where they could have claimed asylum, but this is not enforced unless another safe country is likely to accept that person “within a reasonable period of time”.

This is why we need international cooperation on returns. A new pilot agreement with France to return those without a valid claim is a step in the right direction, and we hope to build on it and grow it into a genuine deterrent.

Why are asylum seekers housed in hotels and given money?

Asylum seekers are not eligible for mainstream benefits or social housing. However, if they are destitute, they can apply for ‘asylum support’.

This includes very basic accommodation and a small weekly payment. This is £49.18 per week for those in self-catered accommodation but just £9.95 per week for those in catered hotels like the Sandpiper.

In the UK, asylum accommodation is generally provided in the community rather than in large-scale reception centres. Under the long-standing dispersal policy, asylum seekers are offered accommodation on a no-choice basis across the UK.

Dispersal accommodation has traditionally been a mix of furnished flats, houses or rooms in houses of multiple occupation with hotels used as a contingency as demand for dispersal accommodation has outstripped supply.
The Labour Government has committed to ending the use of hotels by the end of this parliament, and we have already seen a reduction of around 43% since the peak under the last government.

What kind of status do asylum seekers receive if their claim is approved?

There are two main legal statuses:

• Refugee status, for those at risk of persecution due to race, religion, political belief, or similar grounds
• Humanitarian protection, for those at risk of serious harm (e.g. torture, war zones)

Both types of status grant the right to live and work in the UK and access public services on the same basis as other residents. These decisions are made carefully and can be appealed in court if refused. Labour supports an asylum system that is both fair and efficient, ensuring genuine refugees are protected while bogus claims are dealt with firmly.

Does the European Convention on Human Rights (ECHR) require the UK to accept asylum seekers?

The UK’s obligations to refugees primarily come from the UN Refugee Convention. However, the ECHR also plays a role, particularly in protecting individuals from torture or inhuman treatment (Articles 2 and 3), and in some family life cases (Article 8).

From 2015 to 2024, over 60,000 immigration appeals were granted under the ECHR, including some from people initially refused asylum. Labour is reviewing how to streamline this process, ensure removals of non-genuine cases are not unduly delayed, and maintain respect for the rule of law.

It is my view that people convicted of serious offences here should not be able to then evade deportation by claiming a right to a family life, a case I will make the ECHR consultation.

Labour’s Approach: Fairness, Security, and Control

The chaos in the asylum system didn’t happen overnight. It’s the result of over a decade of mismanagement, indecision, and headline-chasing by successive Conservative governments.

Labour’s priority is to:

• Clear the backlog and speed up decision-making
• End the costly use of hotels
• Strengthen our borders through cooperation with international partners
• Treat people with dignity, while taking firm action against abuse of the system

At this week’s Labour Conference. the new Home Secretary, Shabana Mahmood MP, made it clear that we are listening to peoples concerns. She stated that “we will always remain a country that gives refuge to those who are fleeing peril. But we can only be open to the world if we are able to determine who comes in and who must leave.” The Home Secretary has committed to providing order at our borders and a fair migration system, stating “these are necessary conditions for an open, tolerant, generous country.”

If you have any further queries or concerns on this issue, please email me at toby.perkins.mp@parliament.uk , my door is always open to discuss how we can fairly rebuild people’s confidence in our immigration system.