THE Tory government is seeking to impose a new law that could see refugees fleeing the war in Ukraine jailed for up to four years.

In a Commons debate on Tuesday, MPs will discuss measures in Home Secretary Priti Patel’s Nationality and Borders Bill which have seen the UK Government accused of trying to “rip up” its international obligations.

The Tories aim to bring into law a distinction between types of refugees depending on how they arrive in the UK. Those who come through unofficial routes, such as crossing the Channel in small boats, could face having their asylum claim immediately ruled out and as long as four years behind bars.

This would apply to all refugees, including those fleeing the Russian invasion of Ukraine.

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Such a measure would be in direct contravention of the UN’s 1951 refugee convention, article 31 of which says states "shall not impose penalties" on asylum seekers according to how they arrived in the country.

A change to the borders bill made by the House of Lords says that nothing in Patel’s new legislation should contravene that 1951 accord. However, the Tory government will strip that change away, with ministers claiming that the new bill does not breach international law.

Both Labour and the SNP accused the London government of seeking to rip up its obligations.

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SNP home affairs spokesperson Stuart McDonald MP (above) said: “The anti-refugee Nationality and Borders Bill is nothing less than a full-frontal assault on the UK’s international obligations including the Refugee Convention. While humanitarian crises continue across the world, the Tories are essentially ripping up a convention that is there to provide sanctuary to those fleeing unimaginable horrors.

“If passed, the bill will see many people seeking safety, criminalised with an offence punishable with up to four years in prison – whether they have fled the Taliban in Afghanistan, sought refuge from the wars in Syria, or are fleeing the illegal war Russia is pursuing in Ukraine.

“It will cause even more people to take life-threatening journeys because safe legal routes are being cut back; and it will see people seeking refuge being warehoused in appalling conditions similar to Napier barracks or off-shored thousands of miles away, replicating an Australian system that saw horrendous human rights abuses at exorbitant cost.

“The SNP has opposed this bill every step of the way - and we will again today.”

Last June, the High Court ruled the Home Office had broken the law by housing hundreds of asylum seekers in Napier Barracks despite Public Health England (PHE) warnings that it was unsuitable.

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The Guardian reported that a briefing note sent to MPs said the Government would seek to push ahead with the idea of Australian-style offshore processing centres, and block amendments from the Lords which looked to make it easier for families to be reunited.

Labour’s Yvette Cooper (below), the shadow home secretary, said: “Countries like Poland, Romania and Moldova are all doing their bit under the refugee convention to help Ukraine – yet instead of supporting that vital international collaboration, Conservative ministers are trying to rip the convention up.

The National: Labour MP and chairwoman of the Commons Home Affairs Committee Yvette Cooper during an interview outside BBC Broadcasting House in central London (Yui Mok/PA)

“It is unbelievable and deeply shameful that at a time like this Priti Patel is still pushing ahead with plans that could criminalise desperate Ukrainians who arrived in the UK with the wrong papers, and mean vulnerable refugees who have fled war or persecution could end up with prison sentences,” she said.

“I hope Conservative MPs will join us in telling the government to think again. Britain is better than this.”

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A Home Office spokesperson said: “The UK has a long history of supporting those fleeing conflict and our resettlement programmes have provided safe and legal routes for tens of thousands of people to start new lives in the UK.

“Through the Nationality and Borders Bill we will fix our broken asylum system, helping those in genuine need while tackling people smuggling gangs.

“The Lords’ votes on the Nationality and Borders Bill are disappointing, but we will not be deterred from delivering what the people of this country voted for. We stand by the principle of safe and legal routes, people should not place their lives in the hands of people smugglers.”