Peers have expressed concern that the Immigration Bill does not define what constitutes a “genuine obstacle” to failed asylum seekers leaving the UK.
The Bill allows the home secretary to support asylum seekers who may become destitute only if they do not face a “genuine obstacle” to leaving the UK. However, the Bill leaves the definition of the term to secondary legislation.
In a report published last week, the House of Lords Constitution Committee called for the term to be defined in greater detail and in primary legislation so that it can be scrutinised by Parliament. They warned that Peers are being asked to legislate on a provision that will affect people in potentially desperate circumstances without a clear understanding of what the rules would mean in practice.
The committee also raises concerns about provisions to give the home secretary powers to overrule independent judicial decisions of the First-tier Immigration Tribunal on immigration bail conditions.
