The highly contentious Immigration and Asylum Bill, tabled by Home Secretary Shabana Mahmood, is set to land in Parliament next week, sparking heated debate among MPs over its far-reaching implications for refugees and asylum seekers. The proposed legislation seeks to introduce more stringent age checks, increase the forced removal of those refused asylum, and limit applications under human rights laws – a move critics argue will exacerbate an already beleaguered system.
Key aspects of the bill centre on reforming how Article 8 of the European Convention on Human Rights (ECHR) is applied in immigration and deportation cases. As previously stated by Ms Mahmood, the right to family life has been exploited in some instances to hinder removals and erode public trust in the rule of law. Furthermore, the bill outlines a new structure for asylum tribunals, replacing the current independent court system with an internal appeals body operating within the Home Office – intended to facilitate the immediate forced removal of individuals who have exhausted all avenues of appeal.
The legislation also includes plans to strengthen age assessments for asylum seekers, following a recent report from a coalition of refugee and children's rights organisations warning that AI-driven estimates could pose risks to children. Additionally, the modern slavery framework is expected to be amended to deter late claims presentation, according to Whitehall sources.
Notably, the bill will not incorporate previously mooted plans to double the time required to qualify for indefinite leave to remain (ILR) from five to ten years for most migrant workers – a move set to face significant opposition from Labour MPs. These proposed ILR changes, which would have applied retrospectively and been subject to around 100 opposition votes, are now expected to be introduced via secondary legislation.
Refugee charities have expressed profound concerns over the speed at which the bill is being advanced. Jo Cobley, chief executive of Safe Passage International, voiced surprise that the Home Secretary is pressing ahead with 'harsh plans for refugees' prior to a new Prime Minister's confirmation, highlighting worries about restrictions on family reunion and the importance of reunification for those torn apart by conflict and persecution.
Anita Hurrell, co-chair of the Refugee and Migrant Children’s Consortium, also raised concerns over the impact on child victims of modern slavery, the potential for children to be penalised for late disclosures, and the effects on family reunification due to a tightening of the definition of family life and the public interest test. Both organisations urged the government to reconsider its proposals in light of the mounting concerns.