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Language: English / Gàidhlig


Seòmar agus comataidhean

Question reference: S6W-22559

  • Date lodged: 31 October 2023
  • Current status: Answered by Emma Roddick on 14 November 2023


To ask the Scottish Government how it plans to respond to any (a) challenges for and (b) impacts on (i) asylum seekers, (ii) public bodies supporting asylum seekers and (iii) third sector groups supporting asylum seekers in Scotland as a consequence of the UK Illegal Migration Act 2023.


The Scottish Government is opposed to the Illegal Migration Act 2023 and recognises that the Act as drafted would restrict the right to seek asylum in the UK, putting people in need of protection at risk and undermining the UK’s international obligations to recognise refugees in the UK.

Scottish Ministers are currently engaged with officials to assess and identify any mitigations available, informed by engagement with stakeholders, including through a summit held in June 2023.

Limited information has been made available by the UK Government about planned implementation of the Act. This makes it challenging for the Scottish Government and our partners to consider what action it may be possible to take.

As asylum is reserved to the UK Parliament, the Scottish Government cannot lift or amend measures introduced by the Illegal Migration Act in relation to access to asylum in the UK. The Scottish Government also cannot amend restrictions placed on people seeking asylum while they await a decision, including long standing UK Government policies to restrict the right to work and access to public funds.

The Scottish Government will continue to work with our partners to support people seeking asylum through the New Scots refugee integration strategy. We are undertaking engagement designed in partnership with the Scottish Refugee Council and COSLA to inform the refresh of the New Scots refugee integration strategy.