All Articles: Illegal Migration Bill

The Home Office is proposing to change the Adults at Risk guidance in a way that will result in more vulnerable people being detained. On 30 April 2024 draft statutory Adults at Risk guidance was published and the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024 will bring the...

7th May 2024
BY Sonia Lenegan

The High Court has provided helpful guidance in relation to immigration detention powers post Illegal Migration Act 2023 in an interim relief decision on bail. There are two written decisions, these are IS (Bangladesh) v Secretary of State for the Home Department [2023] EWHC 3353 (Admin) and [2023] EWHC 3130...

26th January 2024
BY Francesca Sella

The two statutory instruments that will pave the way for the use of x-rays and magnetic resonance imaging (MRI) scans of children’s bones and teeth for the purpose of immigration control are on track to be approved by Parliament. This is despite concerns being raised around the inability for children...

24th November 2023
BY Kama Petruczenko

Draft regulations have been laid which will add India and Georgia to the list of ‘safe’ countries at section 80AA of the Nationality, Immigration and Asylum Act 2002. The Nationality, Immigration and Asylum Act 2002 (Amendment to List of Safe States) Regulations 2024 need to be voted through by both...

9th November 2023
BY Sonia Lenegan

Readers of this blog will have noticed that the fairness of the Home Office’s procedure for deciding who to send to Rwanda is not among the issues being argued in the Supreme Court in October. This post highlights the important findings made by the Court of Appeal on procedural fairness...

2nd October 2023
BY Alison Pickup

In what seems to be a prelude to the introduction of the use of ionising radiation (x-rays) for non-medical reasons on children, the government has published the Justification Decision (Scientific Age Imaging) Regulations 2023. There is also a draft explanatory memorandum containing a statement by the Secretary of State for...

14th September 2023
BY Sonia Lenegan

The Secretary of State will reduce judicial oversight of detention and increase her detention powers when more of the Illegal Migration Act 2023 comes into force on 28 September 2023. Those and other changes set out in the Illegal Migration Act 2023 (Commencement No. 1) Regulations 2023, published last night,...

12th September 2023
BY Sonia Lenegan

The Illegal Migration Act 2023 has now been published, after receiving Royal Assent on 20 July 2023. Previously, we have covered the provisions of what was then the Illegal Migration Bill in detail, so for the purposes of this article we look at what substantive changes have been made during...

28th July 2023
BY Sonia Lenegan

The government yesterday published its economic impact assessment for the Illegal Migration Bill and its Rwanda plan. The assessment reveals that Rwanda will be paid approximately £105,000 per refugee received on top of the £120 million already paid and any other undisclosed payments. At least, this is the figure used in...

27th June 2023
BY Colin Yeo

On 26 May, the United Nations Refugee Agency (UNHCR) published a report ‘Asylum Screening in the UK: An audit of the UK’s asylum intake, registration and screening procedures and recommendations for change’ which identifies a number of problem areas. They visited registration and screening locations across the UK between June...

7th June 2023
BY Sonia Lenegan

Wednesday 10 May 2023 saw a few developments with the Illegal Migration Bill, as the second reading took place in the House of Lords, and the Equality Impact Assessment was published. We’ve summarised the key points below. Page contentsHouse of LordsEquality Impact AssessmentWhere is the Economic Impact Assessment?Next stages House...

15th May 2023
BY Sonia Lenegan

The Illegal Migration Bill, the government’s answer to the ‘small boats crisis’, was proposed to Parliament on 7 March. Since then, it has faced fierce criticism from international organisations including the UN High Commission on Refugees (UNHCR), national refugee support organisations, those supporting victims of torture, children, trafficking victims and...

26th April 2023
BY Sheona York

The government’s new Illegal Migration Bill is the latest in the long line of attempts to deal with refugee arrivals by making life difficult for them. In so doing, it sidesteps the real issues, the reality of both the facts of the refugee issue in the UK and where our...

24th April 2023
BY David Cantor

The government claims that refugees should use ‘safe and legal routes’ to come to the UK. This forms a crucial part of its rhetorical defence for the recently-introduced Illegal Migration Bill because the Bill will deny refugee protection in the UK to any who arrive by irregular routes, including crossing...

18th April 2023
BY David Cantor

The Illegal Migration Bill paints a picture of irresponsible refugees who seem to delight in travelling illegally to the UK in dangerous small boats. Its claim to prevent refugees travelling to the UK by these illegal and dangerous routes is a laudable aim. But the story is not so straightforward....

14th April 2023
BY David Cantor

Will the Illegal Migration Bill breach the 1951 Refugee Convention, a global treaty to which the UK is party? The key point of contention in relation to this question is the Bill’s imposition of a blanket duty on the Home Office to remove to a “safe third country” non-nationals who...

3rd April 2023
BY David Cantor

The short answer is that we do not know. But it is possible to make some informed guesses. In this post I try to do just that, based on a Twitter thread from a few days ago and some feedback from that. Page contentsEvidence on refugee decision-makingDeterrence does not workIs...

20th March 2023
BY Colin Yeo

As the House of Common’s second reading of the Illegal Migration Bill takes place today, this post looks at the detention provisions in clauses 11-14 and what they mean for individuals arriving in the UK. You can read Colin’s analysis of the Bill in full, here. Page contentsThe current legal...

13th March 2023
BY Jed Pennington

The Illegal Migration Bill was published yesterday. You can access the Bill here and the Explanatory Notes here. While it remains a Bill, the individual provisions are referred to as clauses and once it becomes an Act — as it surely will — they are referred to as sections. The...

8th March 2023
BY Colin Yeo
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