The Refugee and Migrant Children’s Consortium welcomes aspects of the Border Security, Asylum and Immigration Bill (BSAIB), particularly the repeal of child detention powers, the Home Office accommodation powers over unaccompanied children, the Safety of Rwanda Act 2024, and other significant portions of the Illegal Migration Act 2023 (IMA).
While we support the repeal of IMA measures that would have penalised young people for refusing scientific age assessments and limited legal challenges, we remain deeply concerned about the continued application of age assessment and modern slavery provisions in the Nationality and Borders Act 2022 (NABA). As organisations working with thousands of children, we consistently raise concerns with the Home Office about the serious flaws in age assessment procedures. Border guards’ misjudgements result in hundreds of children being wrongly placed in the adult system each year, posing a major safeguarding risk—one that is not treated with the urgency it demands. Additionally, child victims of trafficking continue to be denied essential modern slavery protections due to these policies.
We are also concerned that the Bill expands on NABA’s immigration offences, potentially criminalising more people—including children. Efforts to target smugglers must not lead to the unjust criminalisation of those seeking safety. Furthermore, the retention of IMA provisions that impose blanket exclusions on individuals from countries such as Albania, Georgia and India from making asylum claims is particularly concerning. For children and young people deemed inadmissible, these provisions prevent them from being properly safeguarded. They also fail to acknowledge the unique challenges children and young people may face if forcibly
returned, as well as their heightened vulnerabilities.
Read more:
RMCC briefing for Second Reading of the Bill in the House of Commons, February 2025
RMCC evidence for Committee Stage of the Bill in the House of Commons, February 2025
Debate on age disputes during Committee Stage of the Bill, March 2025
RMCC briefing for House of Commons Report Stage on New Clause 42 – Transparency in age dispute decision-making, May 2025
RMCC briefing for Second Reading of the Bill in the House of Lords, June 2025
RMCC briefing for Committee Stage of the Bill in the House of Lords – Age Assessment amendments, August 2025
RMCC briefing for Committee Stage of the Bill in the House of Lords – Safe Routes amendments, October 2025
RMCC briefing for Report Stage of the Bill in the House of Lords, November 2025