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04 March 2026
Issue: 8152 / Categories: Legal News , Immigration & asylum , International
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Refugee protection under review

Making refugee status temporary and subject to review every 30 months will put pressure on an ‘already overstretched’ justice system, the Law Society has warned

Home secretary Shabana Mahmood announced the changes to the Immigration Rules, which have immediate effect, this week. Family reunion is paused until rules are introduced to bring financial and integration requirements in line with those expected of British citizens. Where the government deems a country has become safe, refugees will be expected to return home, in line with the approach taken in Denmark. More safe routes will be opened, and refugees will be able to apply for work and study visas. Unaccompanied children will continue to receive five years’ leave, while the government considers what long-term policy to introduce for this group.

Previously, refugees were granted five years of protection and allowed to bring their families, followed by ‘near-automatic’ permanent settlement with access to benefits and housing, the Home Office said.

However, Law Society president Mark Evans said the reforms ‘will create prolonged uncertainty for people who want to live free from danger and have been recognised by the government as needing protection.

‘The changes stand in tension with Art 34 of the Refugee Convention, under which the UK has agreed to facilitate as far as possible the assimilation and naturalisation of refugees. Having to repeat applications requires increased legal advice and representation at a time when severe legal aid deserts for asylum advice exist and the tribunal system is already overstretched.

‘In November, the government announced early legal advice would be a core part of the asylum reforms: we await further details of these measures.’

According to the Law Society, about 63% of people in England and Wales do not have access to an immigration and asylum legal aid provider due to a lack of specialist solicitors.

Mahmood said she wanted to ‘ensure our asylum system is not creating pull factors that draw people on dangerous journeys across the world’. Home Office figures show asylum claims to the UK rose 13% while claims across the EU fell by 22%, in the year to September 2025. 

MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

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