Immigration lawyer warns of consequences of new Immigration Bill
The Immigration Bill, which cuts appeal rights, will result in more judicial reviews if it passes into law, an immigration lawyer has warned.
The Bill, currently at committee stage in the House of Commons, seeks to make the UK a “hostile environment” for illegal migrants. It is expected to receive Royal Assent in the spring.
According to the Home Office, it extends powers to collect fingerprints and search for passports; cuts the number of decisions that can be appealed from 17 to four; enables the Home Office to deport foreign criminals with a 12-month sentence or more before hearing their appeal; ensures the courts have regard to Parliament’s view of what the “public interest” requires when considering Art 8 rights to respect for private and family life; and restricts bail rights where this has previously been refused.
It requires private landlords to check prospective tenants’ immigration status, prohibits banks from opening accounts for migrants identified as unlawful; and requires temporary migrants to pay a sum towards any NHS treatment.
However, Vanessa Ganguin, partner at niche immigration firm Laura Devine Solicitors, says: “The government’s proposal to reduce the grounds and rights of appeal available in immigration decisions means a system of administrative review will replace most appeals.
“'This approach is likely to lead to an increase in judicial review claims and also, ironically a surge in human rights claims as appeals are coralled into fewer and narrower channels, and is certain to result in higher associated expenditure.”
According to the Joint Council for the Welfare of Immigrants, 40% of all immigration appeals succeed.
