Home Secretary Shabana Mahmood's controversial immigration and asylum bill, which includes provisions to increase forced removals of refused asylum seekers, introduce stringent age checks for those claiming to be children, and limit applications under human rights laws, is scheduled to be placed before MPs next Tuesday.
Key Provisions of the Bill
The legislation is expected to direct how Article 8 of the European Convention on Human Rights (ECHR) is applied in immigration and deportation cases. Mahmood has previously argued that the right to family life has sometimes been used to frustrate removals and undermine public confidence in the rule of law.
The bill also aims to strengthen age assessments. A recent report by a coalition of refugee and children's rights organisations warned that the government's proposed use of AI to estimate the age of asylum seekers could create new risks for children.
Changes to Asylum Tribunals and Modern Slavery Framework
The bill will outline a new structure for asylum tribunals, replacing the independent court system with a new appeals body that sits within the Home Office. It is also intended to allow the "immediate forced removal of those who have exhausted all appeals." Additionally, the modern slavery framework will be amended to stop the late presentation of claims, according to Whitehall sources.
The bill will not introduce new rules to double the time required to qualify for indefinite leave to remain (ILR) from five to ten years for most migrant workers. However, such changes could be introduced via secondary legislation. The planned ILR changes had prompted a backlash from as many as 100 Labour MPs, including Angela Rayner, who said it was unfair and un-British.
Criticism from Refugee Charities
Refugee charities have expressed concern that the bill is being rushed through. Jo Cobley, chief executive of Safe Passage International, said: "We were anticipating this bill to be introduced after a new prime minister is confirmed, but it seems the home secretary is determined to push through these harsh plans for refugees. We are very concerned about these changes, particularly the anticipated restrictions to family reunion for refugees. The unaccompanied children and families we work with, who have been torn apart by war and persecution, must be able to reunite as a family and get the protection they need. If the government wants to have more control of its own asylum system, by preventing Channel crossings, it must start by offering refugees safe routes to protection and family."
Anita Hurrell, co-chair of the Refugee and Migrant Children's Consortium, added: "We are concerned about how the measures expected to be in the immigration and asylum bill next week will impact on children including child victims of modern slavery. We are worried about whether they could penalise a child for disclosing late or exclude from support children exploited outside the UK. We're also worried about how tightening the definition of family life and the public interest test could affect children and young people's ability to reunite and stay together with their family, including for children who have been bereaved and might have different structures. Age assessment measures risk leading to more children wrongly assessed as adults in bewildering and unsafe adult asylum system. Legislating a new appeals body is also concerning for access to justice, especially when the government is yet to publish its response to the recent consultation. We urge the government to consider children and undertake and publish a child rights impact assessment."
Political Context
The bill is expected to face opposition from some Labour, Lib Dem, and independent MPs. Andy Burnham's team, widely expected to be in No 10 within weeks, is understood to be aware of the bill and its contents.
