Updates, commentary, training and advice on immigration and asylum law

Border Security, Asylum and Immigration Bill announced in King’s Speech

The King’s Speech has given notice that “A Bill will be introduced to modernise the asylum and immigration system, establishing a new Border Security Command and delivering enhanced counter terror powers to tackle organised immigration crime [Border Security, Asylum and Immigration Bill]”.

The background briefing notes provide further detail on the Bill:

What does the Bill do?

The Bill will enable stronger borders and a properly controlled and managed asylum system by:

o giving the new Border Security Command and wider law enforcement the tools and powers they need to crack down on criminal gangs by building on the success of robust powers to counter terrorism and including stronger powers for law enforcement officers to investigate involvement in organised immigration crime for example in stopping and searching at the border.

o providing a strong deterrent and penalty for criminals involved in organised immigration crime (OIC), ensuring there are stronger penalties in place against a range of OIC and border criminality, including preparatory offences such as enabling the advertising the services of a migrant smuggling group and precursor offences such as relating to the supply of materials needed to facilitate organised crime gangs.

o fixing the broken asylum system, making it more efficient and effective to ensure the rules are properly enforced by ending hotel use through clearing the asylum backlog, ensuring fast-track returns for individuals coming from safe countries and ending the failed and incredibly costly Migration and Economic Development Partnership to redirect money into the Border Security Command.

The key facts section points out that the Rwanda agreement has failed to deter boat crossings, four people have been transferred there at a cost of £290 million, and withdrawing from the agreement now will save over £100 million in future payments. The inadmissibility backlog is also referred to, as a direct result of the Illegal Migration Act. With such a broad title a lot could be included in here, but we await further details.

Other items of interest are a ”Skills England Bill” will establish Skills England which will “work with industry, the Migration Advisory Committee, unions and the Industrial Strategy Council to build and maintain a comprehensive assessment of current and future skills needs. This will also inform the Department for Education’s policy priorities.”

Last but certainly not least is that “Legislation will be brought forward to introduce a duty of candour for public servants”.


Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

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Sonia Lenegan

Sonia Lenegan is an experienced immigration, asylum and public law solicitor. She has been practising for over ten years and was previously legal director at the Immigration Law Practitioners' Association and legal and policy director at Rainbow Migration. Sonia is the Editor of Free Movement.

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