A new “strict liability” criminal offence targeting lawyers who facilitate false asylum claims is being proposed by Reform UK, with party leader Nigel Farage stating practitioners helping migrants fabricate stories—including pretending to be homosexual—should face prosecution and potential prison.
The policy, announced following a BBC investigation into what Mr Farage termed an “illegal immigration industry” within the legal profession, would remove the need for prosecutors to prove intent. A conviction under the proposed law could carry a two-year sentence.
Drawing a line with other professions
Explaining the rationale, Mr Farage drew a direct parallel with existing statutes covering other professions. “If you were a corrupt accountant and you got your client to avoid paying tax that they legally should be paying, well, it’s very simple, that accountant can be open to criminal charge,” he said. “The same should happen to this industry… If you’re a lawyer giving illegal information like this to somebody, not only could that person pose a threat to women and girls or even national security, but you, as a lawyer, should yourself be subject to prosecution.”
The “strict liability” element is a critical and contentious part of the proposal. In criminal law, strict liability offences do not require proof of *mens rea*—a guilty mind or intention to commit a crime. Instead, the act itself is sufficient for conviction. This standard is typically applied to regulatory matters, such as certain traffic offences or health and safety breaches, but its application to legal advice in asylum cases would be a significant departure.
The investigation that prompted the pledge
The policy pledge comes in the wake of an undercover BBC investigation which exposed law firms and advisers allegedly charging thousands of pounds to help asylum seekers fabricate claims. The investigation focused on migrants from Pakistan and Bangladesh whose temporary visas were expiring.
According to the BBC’s findings, a network of immigration advisers, paralegals, and intermediaries were coaching individuals on how to falsely present as gay to secure asylum. Methods reportedly included creating false narratives, staging photographs, arranging for fake medical reports, and even offering to arrange fake sexual partners. One law firm was said to have quoted up to £7,000 for a fabricated claim, with an assurance of a “very low” chance of refusal. The Home Office confirmed it is investigating the individuals and firms highlighted in the report.
Government vows action against ‘sham lawyers’
Home Secretary Shabana Mahmood has also promised robust action, declaring that lawyers facilitating false claims will “face the full force of the law.” She stated: “Anyone abusing protections for people fleeing persecution over gender or sexual orientation is beyond contempt.”
The government’s approach includes referring legal practitioners to regulators or the police where evidence exists, and utilising the Professional Enablers Task Force, a cross-agency unit established in 2023 to target “crooked” immigration lawyers. Ministers have also introduced powers to fine fake immigration advisers up to £15,000.
Reform UK has further claimed that at least £135 million in taxpayer money was spent on asylum legal aid between 2018 and 2023, a figure they use to underline the scale of the system they seek to tighten.
The party’s home affairs spokesman, Zia Yusuf, has previously articulated a hard line on immigration, criticising successive governments for mass immigration and stating Reform would stop issuing visas to countries that demand reparations from the UK for its historical role in the transatlantic slave trade, calling such demands “insulting”.
