Part 2: Asylum Chapter 1: Treatment of refugees; support for asylum-seekers Section 12: Differential treatment of refugees
Overview: This section provides for a differentiated approach to the treatment of refugees based on the criteria set out in Article 31(1) of the Refugee Convention.
	Background: In the 12 months ending September 2019, around 62% of asylum applicants to the UK had entered the UK irregularly. At present, all asylum seekers by and large have their claims processed in the same way and receive the same entitlements, if granted refugee status in the UK, irrespective of their route to or actions in the UK.
	This section provides a power for the UK to treat refugees differently according to whether they satisfy certain criteria under Article 31(1) of the Refugee Convention, in respect of which our interpretation is set out in section 37. Article 31(1) sets out that States shall not impose penalties on refugees that come directly from a territory where their life or freedom is threatened, provided they present themselves to the authorities without delay and show good cause for their illegal entry or presence.
	The purpose of differentiation is to discourage asylum seekers from travelling to the UK other than via safe and legal routes. It aims to influence the choices that migrants may make when leaving their countries of origin - encouraging individuals to seek asylum in the first safe country they reach after fleeing persecution, avoiding dangerous journeys across Europe.
	All individuals recognised as refugees by the UK will continue to be afforded the rights and protections required under international law, specifically those afforded by the 1951 Refugee Convention.
	Subsection 1 introduces the concept of "Group 1" and "Group 2" refugees. This states that a refugee is a Group 1 refugee if they meet the requirements set out in subsection 2. If these are not met, then a person will be a Group 2 refugee.
	Subsection 2 sets out the relevant requirements based on Article 31(1) of the Refugee Convention, as stated in section 37: (a) they must have come to the United Kingdom directly from a country or territory where their life or freedom was threatened (in the sense of Article 1 of the Refugee Convention) and (b) they must have presented themselves without delay to the authorities.
	Subsections 3 and 4 provide that where a refugee has entered or is present in the United Kingdom unlawfully, there is an additional requirement to show good cause for their unlawful entry or presence should they later claim asylum. A person’s unlawful entry into or presence in the United Kingdom is defined as requiring leave to enter or remain but not having it.
	Subsection 5 provides for a differential treatment of refugees based on their group. Differences may, for example, apply in terms of the duration of their permission to remain in the UK, the availability of routes to settlement, the ability to have recourse to public funds, and the ability of family members to join them in the UK. There is no obligation for these powers to be exercised and discretion may be applied.
	Subsection 6 provides for differential treatment of family members of Group 1 and Group 2 refugees. Differences may, for example, apply in terms of granting family members permission to enter or remain in the UK, the duration of their permission to remain in the UK if granted, the availability of routes to settlement, and the ability to receive public funds. Again, there is no obligation for these powers to be exercised and discretion may be applied.
	Subsection 7 confirms that subsection 6 would not apply where the family members are refugees in their own right.
	Subsection 8 provides that the Immigration Rules may set out the differences in how Group 1 and Group 2 refugees are treated.
	Subsection 9 confirms the meaning of the terms "limited leave", "indefinite leave" and "refugee". "Refugee" takes the meaning set out in the Refugee Convention as a person who, "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it" (Article 1(A)(2)). Section 30 provides interpretations of the terms used in Article 1(A)(2).