The Asylum and Immigration Act 1996: Erosion of the Right to Seek Asylum
Since the former Home Secretary's announced intention, in October 1995, to introduce new legislation in the asylum and immigration fields, asylum and refugeerelated issues have seldom been absent from the public arena. While much of the discussion during 1996 bore upon the legislative proposals contained in the Asylum and Immigration Bill extension of the accelerated appeals procedure, withdrawal of social security benefits from asylum seekers, prevention of illegal working, removal of certain in-country appeal rights recent developments, such as hungerstrikes by detained asylum seekers, and the election of a Labour government have brought a sharper edge to the debate.' Despite widespread criticism of the Conservative government's proposed measures during their passage through Parliament, New Labour's election manifesto lacked any real commitment to reforming asylum policy.2 During campaigning the then shadow Home Secretary, Jack Straw, suggested that the Labour Party, if elected, would not implement certain provisions of the 1996 Act: the 'white list' of safe countries, the withdrawal of benefits from asylum seekers and the sanctioning of employers where they recruited illegal immigrants.3 On its accession to power however, the Labour government proceeded to enforce the restrictive asylum laws introduced by the Conservatives, though an internal review of the asylum process was announced.4 This note examines the Asylum and Immigration Act 1996 in the context of previous legislation and critically assesses the changes made to asylum law in the light of the current debate.