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19 July 2023
Issue: 8034 / Categories: Legal News , Immigration & asylum , Human rights
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Illegal Migration Act branded ‘senselessly cruel’

The Immigration Law Practitioners’ Association (ILPA) has joined a coalition of 290 lawyers, justice, immigration, housing, legal advice and rights groups to collectively condemn the passing of the Illegal Migration Act 2023.

The Act creates a duty to detain and remove to Rwanda or another country deemed safe by the government persons arriving in the UK by an unauthorised route such as by a small boat, regardless of whether they claim asylum.

The coalition includes Liberty, the Joint Council for the Welfare of Immigrants, the Law Centres Network, the Public Law Project, SMK Law Solicitors and Rights of Women.

Their statement calls the legislation a ‘senselessly cruel Act’ which ‘will have a devastating impact on people’s lives. It turns our country’s back on people seeking safety, blocking them from protection, support, and justice at a time they need it most’.

They warn the Act ‘risks breaching multiple international human rights treaties including the Refugee Convention and the European Convention on Human Rights while shielding the government from accountability.

‘The UK government has admitted that it cannot confirm if the Act is compatible with the UK’s obligations under the European Convention on Human Rights. The Act will force people into situations that threaten their lives—whether by placing children in detention or sending people off to countries where their lives might be at grave risk’.

The statement continues: ‘In stripping the most basic rights from people seeking safety and a better life, the Act dismantles human rights protections for all of us.’

The Act passed this week following a round of ping-pong between the two Houses of Parliament, after peers withdrew or were defeated on amendments intended to install 72-hour limits on the detention of children, modern slavery protections and exemptions for trafficking victims, and to ensure compliance with international human rights treaties. Peers also withdrew amendments preventing the removal of LGBT people to certain countries, and imposing a duty on the home secretary to create safe and legal routes to the UK for refugees.

Concessions granted by the government included that unaccompanied children will be granted bail after eight days in detention, and that pregnant women cannot be detained for more than 72 hours without ministerial authorisation.

The Bibby Stockholm, a barge that can house up to 500 asylum seekers, docked at Portland, Dorset on the morning after the legislation passed.

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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