The Impact of Brexit on Gender and Asylum Law in the UK

Abstract

The UK Government has remained silent regarding the envisaged system of international protection for refugees in the UK after the UK leaves the European Union (EU). In this context, this chapter contributes to knowledge by examining the likely impact of Brexit on refugee recognition in the UK from a gender perspective. A gender lens is applied to a historical analysis of the impact of the Qualification Directive 2004, part of the Common European Asylum System (CEAS), on asylum practice in the UK. It is suggested that historic practice and existing international and regional refugee and human rights obligations means leaving the EU is unlikely to immediately and significantly impact decision-making in gender-related asylum claims. However, this chapter highlights the risks associated with the loss of a legal framework underpinned by fundamental rights and effective remedies.