This course was last updated in May 2022.
The Nationality and Borders Act 2022 is in some respects a landmark piece of legislation. The provisions enabling the export of refugees to other jurisdictions, such as Rwanda, could have a transformative effect on refugee protection not only in the United Kingdom but in other wealthy countries interested in evading their responsibilities under the Refugee Convention.
But many suspect that the legislation is about party political positioning rather than government policy. The Act enables things to be done but does not mean they will actually happen in practice, at least at any significant scale.
Some provisions in the Act are to be welcomed. The early sections addressing historic injustices in nationality law are long overdue. But most of the legislation is likely to downgrade the rights and protection of refugees, trafficking survivors and other migrants.
In any event, it is essential for lawyers and advisers to understand the legislation.
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