Asylum & the Law
The claim
"People crossing the Channel are illegal immigrants and invaders who are breaking the law."
The headline facts
- Seeking asylum is a legal right protected by international law
- The 1951 Refugee Convention (Article 31) says refugees must not be penalised for irregular entry
- There is no such thing as an asylum visa — you cannot apply for asylum in the UK from abroad
TRUE or FALSE: It's illegal to claim asylum in the UK. Answer: FALSE.
The full picture
Seeking asylum is a legal right. The 1951 Refugee Convention's core principle is non-refoulement — a refugee must not be returned to a country where they face serious threats to their life or freedom. Article 31 explicitly states that refugees should not be penalised for illegal entry or presence, recognising that seeking asylum can require refugees to breach immigration rules.
UNHCR guidelines reaffirm that many refugees "have no choice but to travel in ways considered 'illegal' by states, yet this should not exclude them from accessing international protection."
Article 31 of the 1951 Refugee Convention — what it actually says.
Crucially, there is no asylum visa. You generally cannot apply for asylum in the UK from abroad — which is precisely why people are forced into irregular routes such as small boat crossings. The absence of a safe, legal route is a policy choice, not a natural fact.
The word "invasion" is rhetorical, not factual. An invasion is a military act by a state. These are individual men, women and children exercising a legal right to seek protection — a right the UK helped write into international law after the Second World War.
"There is no asylum visa" — a flowchart showing why safe routes barely exist.