Performative Cruelty: Populism and the UK Asylum System

Author: Dr Alex Powell (a.powell@brookes.ac.uk): Since 2022, the UK has seen a significant intensification of attempts to appear “tough” on irregular Migration. This has included the passing of three pieces of legislation, the Nationality and Borders Act 2022; the Illegal Migration Act 2023; and the Safety of Rwanda Act 2024, as well as the MOU and later treaty with Rwanda. Much has been written around these actions and their implications for the rights of people seeking asylum. In this paper, however, I explore a different dimension. That is, given that both academics and the Home Office’s own research, document that so called “pull factors” have a very limited impact on where people seek asylum, this paper explores the performative dimensions asylum policy. Specifically, I outline the concept of Performative Cruelty to highlight the signifying function of asylum policy. The paper then explores the implications of this phenomenon for democracy, human rights and the rule of law, using the UK as a case study. I argue that the populist law making this phenomenon drives has undermined legal certainty and the ability of government to comply with legal obligations and has, therefore, had a deleterious effect on the rule of law and public trust.