What Is The UK's 'Safe States' Clause That Could Hurt Sheikh Hasina's Chances Of Getting Asylum In London

The UK government states that to stay in the UK as a refugee, a person must be unable to live safely in any part of their own country because of the fear of persecution.

Sheikh Hasina resigned as the Bangladesh Prime Minister following massive protests on Monday.

Source : PTI

Former Bangladesh Prime Minister Sheikh Hasina's plan to travel to the UK has hit a roadblock due to "some uncertainties" and she is unlikely to move out of India for the next couple of days, mutliple reports said on Tuesday.

Hasina landed at the Hindon airbase on Monday in a C-130J military transport aircraft in India following her resignation as the Bangladesh PM. She was shifted to an unspecified location under tight security.

Hasina planned to leave for London from India to take temporary refuge but the option is not being pursued now. As per reports, she is likely to seek asylum in the UK as her sister, Sheikh Rehana, is a British citizen. Rehana's daughter Tulip Siddiq is a member of the British Parliament and the economic secretary to the Treasury and Labour MP for Hampstead and Highgate.

What Does the UK Rule On Asylum States?

The UK government states that to stay in the UK as a refugee, a person must be unable to live safely in any part of their own country because of the fear of persecution. The persecution may be due to a host of reasons: race, religion, nationality, political opinion or anything else that puts a person at risk because of the social, cultural, religious or political situation in their country.

However, the rule states that a claim for asylum may not be considered if a person is from a European Union nation, travelled to the UK through a ‘safe third country’ or have a connection to a safe third country where you could claim asylum.

"Safe and legal routes are not routes to claim asylum and don’t allow anyone to apply out- of-country for asylum in the UK and they do not facilitate the offshore processing by the UK Government of general asylum applications," a UK government website stated. 

In the case of Sheikh Hasina, the 'safe third country' clause could be a problem for the former Bangladesh PM as she stays at a safe location near the Hindon airbase.

In 2023, the UK government included India in a list of "safe states," making it ineligible for individuals arriving illegally from these nations to be admitted to the UK asylum system. 

What UK Said On Hasina's Asylum?

UK Home Office has said that the British immigration rules do not allow individuals to travel to that country to seek asylum or temporary refuge.

The UK government said that the individuals seeking asylum must do so "in the first safe country they reach".

"The UK has a proud record of providing protection for people who need it. However, there is no provision for someone to be allowed to travel to the UK to seek asylum or temporary refuge. Those who need international protection should claim asylum in the first safe country they reach - that is the fastest route to safety," a UK Home Office spokesperson told NDTV.

People familiar with the developments told PTI that Hasina has apprised New Delhi about her possible future steps. It is also learnt that Hasina has family members in Finland as well and that is why she also contemplated leaving for the northern European country.

While saying that Hasina's travel plans have hit certain issues and she may stay in the country for the next couple of days, the people also described the situation as dynamic with no definitive path or clarity on the matter.