The Secretary of State for the Home Department (Shabana Mahmood)

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I beg to move, That the Bill be now read a Second time.

Two years ago, when this Government took office, we inherited an asylum system in chaos. The Conservative Government had ceded control of our borders to criminal gangs and, as a result, between January 2021 and June 2024, 110,000 people arrived here by small boat, while a further 175,000 claimed asylum by other routes. As numbers soared, so did the cost to the taxpayer. In just a single year, spending on asylum support was £4.7 billion, including £9 million spent daily on housing people in 400 asylum hotels.

In the last two years, this Government have begun the work of restoring order to our borders. That starts by taking the fight to the criminal gangs. In the last year, arrests of people smugglers were up 55%. Since taking office, we have disrupted organised immigration crime on 3,700 occasions—up by 46%. In partnership with French law enforcement, we have stopped 46,000 attempted channel crossings. We are now taking that partnership further with a new deal signed in April. This will fund increased patrols and intelligence operations, with a 53% increase in personnel on the French coast. The deal is already bearing fruit. In May, nearly two thirds of attempted small boat crossings were thwarted.

Meanwhile, we have rebuilt a shattered asylum system. Decision making ground to a halt under the last Government; now, decisions are at a 24-year high. As a result, removals are now at their highest level in nearly a decade—up 41% on the same period prior to our taking office. We have now deported and removed nearly 10,000 foreign criminals. That is 36% more than the last Government achieved.

We are also beginning to lighten the burden on local communities. This Government committed to ending the use of asylum hotels within this Parliament. Two years in, we have already emptied one in five, reducing the hotel population by 29% and cutting asylum costs by £1 billion.

Shabana Mahmood

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I thank my hon. Friend for what he said. He is absolutely right: we need to reduce the pressure in local communities as much as possible. He knows that dispersal accommodation has been part of the asylum accommodation estate for many years, including under the previous Government. Of course, the best way to reduce the need for asylum accommodation—the use of large sites, dispersal accommodation and other sites—is to reduce the inflow of people coming to the country on small boats in the channel. Once we get to grips with those numbers, we will see the biggest decrease in asylum accommodation, no matter what form it takes, and that is the work that this Government are taking forward.

Shabana Mahmood

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Oh, the right hon. Gentleman tempts me with some attractive bait, but I will resist the temptation! I am sure that once the events of 20 July have taken place, all these matters shall become clearer still.

This Government have taken some considerable steps forward, but we must do more: around 94,000 people remain in asylum accommodation at a total cost of £3.7 billion per year; while asylum claims fell by 12% last year, they remain close to historic highs; and with the criminal gangs still at work, people continue to die in the channel, with over 100 deaths since the start of 2024, including women and young children.

Shabana Mahmood

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My hon. Friend is absolutely right. It is really shocking that we no longer seem to give huge amounts of attention to the deaths that still occur in the channel; in fact, they barely make the news. Most people do not realise that so many still lose their lives when crossing on small boats in the channel. That is why there is a moral responsibility on all of us to think about how we deal with the particular challenge of small boats crossing the channel, how we play our part as a Government committed to our humanitarian responsibilities, and how we ensure that we finish off this trade once and for all. The only people who really benefit from this trade, and from the huge risks that people place themselves under, are the criminal gangs themselves. That money is going into the pockets of hardened criminals who would harm us in other ways, and we have got to put a stop to it.

This country has always provided sanctuary to those fleeing war and persecution, and I am proud of that fact, but we must accept that public consent for our asylum system is fraying, and unless we restore control, we will lose the British public’s support entirely. My goal as Home Secretary is to rebuild the public’s confidence, and thereby ensure that we can continue providing protection to those in need today and for generations to come. To do so, I believe we must restore fairness to our asylum system—fairness both to those who are fleeing war and persecution, and towards those communities already here who bear the burden of support.

Shabana Mahmood

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Indefinite leave to remain, and the Government’s proposals on earned settlement, will be settled policy later this year when the Government respond to the earned settlement consultation, in which we have said that we are consulting on transitional arrangements. Those will be settled later this year, but as the hon. Gentleman knows, that is not the subject of the Bill.

Shabana Mahmood

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I remind my hon. Friend that, as he knows, we have paused family reunification, and the Government have said that we will bring forward further proposals for our approach to that. We need to ensure that we have more parity of treatment between those who are ultimately recognised as refugees and other migrants who come to this country—and indeed British citizens who may marry from abroad but are subject to different rules that do not apply to their refugee counterparts. I think there is a need to bring some coherence to the family reunification system, and to ensure that we have an approach that is fair to all the sorts of people who make claims for family reunification. That is not the subject of the Bill, but it is something on which the Government will soon bring forward additional policy proposals.

There is nothing fair about a system that is based on uncontrolled, unsafe and illegal routes into this country. The only people it serves are the people smugglers. Instead, a fair asylum system must be grounded in controlled, safe and legal asylum. For that reason, in the last few weeks I announced new routes for genuine refugees to build a new life here. These capped, safe and legal routes will soon allow communities, universities and businesses to sponsor refugees. The approach means that those in need of protection arrive with the consent of communities, and with the financial support of their sponsor and not the taxpayer. It is an approach to asylum that promotes integration within, and contribution to, this country.

Shabana Mahmood

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My hon. Friend is absolutely right. When people arrive through controlled, safe routes, when we have made a decision to allow people to enter, and when we are in control and not the people-smuggling gangs, the inherent openness, tolerance and generosity of the British people is unlocked. People are willing to welcome those who are in need and who come to this country at our invitation and through a system that has broad public support. Those are the principles that will underpin this Government’s approach to the asylum system.

Shabana Mahmood

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My hon. Friend is absolutely right—yes, they can and they do. That is the difference with a safe and legal route that has buy-in from communities across the country, and that is the basis on which we will build a system for the future.

Shabana Mahmood

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We have set out our proposals to open up a student refugee scheme and a community sponsorship scheme that will go live later in autumn this year, with the first arrivals coming in the autumn of the following year. Numbers on those schemes will grow. We will also make it possible for businesses to sponsor refugees to come to this country and provide them with work opportunities. I think that is the right way forward. It means that we will be able to accommodate different cohorts of refugees, where we believe we are able to offer a fresh start for people, and to make the best of the contribution that they are able to make to the country. I look forward to getting those routes open, and to welcoming the first arrivals.

In Canada, local communities have long sponsored refugees, and 70% of those sponsored refugees have found work within a year. Here the story is very different. In the first year after being granted asylum, just a quarter of refugees are in work. That leaves them unable to contribute and build a life here, relying instead on the support of British taxpayers. This autumn we will begin to take applications for our new community sponsored and study routes. The first refugees will arrive in autumn 2027, and while numbers will start relatively small, it is my intention that they grow in scale as we restore order to our asylum system by reducing the numbers arriving by unsafe, illegal routes. The Bill is focused on how we reduce the numbers arriving unsafely and illegally in this country, and on reducing the burden placed on local communities.

Shabana Mahmood

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I have already answered the point about proposals around indefinite leave to remain; I remind the right hon. and learned Lady, and the House, that it has been settled Government policy to increase the qualifying period from five years to 10 years since last summer—since before I was Home Secretary. In our earned settlement consultation, we have set out a series of proposals that we are consulting on. We are seeking views on the appropriate transitional arrangements that should be applied to that cohort. That is not what we are debating today, but if there is one thing I am sure of, it is that those arrangements will be the subject of intense debate in the weeks and months to come.

Shabana Mahmood

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As the right hon. Gentleman well knows, the Bill is specifically about the changes we are making to our asylum system, to human rights laws, and to the approach that the Government want to take to asylum appeals. This is not a Bill about indefinite leave to remain. When we have settled policy later this year, those changes will be subject to the usual procedure for changes to immigration rules, which always take place with the scrutiny of this House.

Shabana Mahmood

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I will give way to the right hon. Lady, but I will make progress after that.

Shabana Mahmood

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I say to the right hon. Lady, for whom I have the greatest respect, that it is not as if I am about to forget my own background, so I do not really need other people to remind me of my own history or background in my own country. We are talking about people smugglers, and about men, women and children—these days, primarily young men—getting on small boats in the channel and crossing into this country. They are not arriving in a safe and legal way. They are not migrants in the usual sense.

We wish to pivot to a system in which this country will live up to its responsibilities to help those in need across the world and fulfil our international obligations by taking people through safe and legal routes. We will be able to increase the numbers that we take on those routes, and that will be subject to debate in this Parliament. We will ensure that we are playing our full part, but in a controlled way that does not put tens of thousands of pounds per person in the hands of people smugglers. The right hon. Lady knows that that is the trade we are trying to break. We have been going after the gangmasters, and now we must make legal changes to change the calculus of those who seek to get on a boat in the north of France.

The Bill focuses on how we reduce the numbers arriving unsafely and illegally in this country and on reducing the burden placed on local communities. It is designed to be fair to genuine refugees and fair to British citizens. It will ensure that asylum claims are fair and fast, with legitimate claimants not stuck in limbo, and ensure the swift removal of those with no right to be here. It will ensure that human rights protections remain robust where they must be, but are also tightened where necessary to eradicate the abuse that has crept into our system. Finally, the measures in the Bill ensure that we support those in their hour of need while making it clear that, although this may be a right, it comes with responsibilities. When the recipients of public support are in a position to contribute to their costs, they should do so.

With those goals in mind, I will take the House through the detail of the Bill. It begins with measures to make asylum decisions fast and fair. Today, the backlog in appeals hearings is a major barrier to this. Although the Government have slashed the backlog in initial decisions, the vast majority of failed asylum seekers lodge an appeal. There are now more than 150,000 people waiting for an appeal decision, with average wait times of well over a year. We must be honest about the nature of the appeals queue.

Shabana Mahmood

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Well, I disagree with my hon. Friend, the Bar Council and other groups on this matter. In fact, I will shortly set out the many tribunals in which people make decisions of great import every single day without being required to be legally qualified professionals before they do so.

We must be honest about the nature of the appeals queue. Some are genuine appeals, but others have been made simply to delay a legitimate removal from this country. By placing themselves last in the long queue for a hearing, people delay the date of their removal, continue to receive taxpayer support and use the time to accrue rights that could strengthen their appeal. The best way to prevent this gaming of the system is to speed up decision making while ensuring that claims are heard fully and fairly.

Shabana Mahmood

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I will in a moment. I will make a little more progress—I think I have been rather generous.

As many here will know, appeals are currently heard by judges in the first-tier tribunal immigration and asylum chamber. This model, which relies on judicial availability, simply does not have the capacity to meet the scale of demand, nor does it have the flexibility to respond to sudden surges in cases. Part 1 of the Bill will therefore establish a new independent immigration appeals authority, staffed by independent adjudicators, not judges. That will allow us to recruit from a far wider pool of candidates and therefore respond more rapidly to increasing and changing demand.

To those who say that such decisions can be taken only by a judge, I need point only to the complex and weighty decisions taken each and every day by those without law degrees, such as magistrates, parole board members, ombudsmen, planning inspectors and many others. A person does not have to be a judge to have good judgment.

Shabana Mahmood

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As my hon. and learned Friend will know, 50% of a 150,000 backlog is still 75,000 cases. He will also know that the multiple appeals made to delay and frustrate legitimate removal from the country are a real problem in the system. That is why our proposals include a single appeal route. With the new authority, we are seeking to change the totality of the behaviours that are designed to frustrate lawful, legitimate removal from this country.

Shabana Mahmood

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I will make more progress and I will come back to the right hon. Lady.

As anyone who knows these tribunals can attest, most immigration and asylum appeals turn on the facts. That requires careful, impartial and well-trained decision makers. Our adjudicators will be paid professionals who are trained to make robust, defensible decisions. Where specific legal expertise is required, we will have on hand a smaller cohort of legally trained adjudicators, who must have been a barrister or solicitor or have similar legal experience. Decisions taken in the new authority will be appealable to the upper tribunal, which will continue to sit before a judge. As today, the appeals will be only on a point of law; they will not be an opportunity to rehear full cases.

Shabana Mahmood

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As the right hon. Lady will see, the authority will be fully independent, and the impartiality of this new authority is vital. As clause 1 makes clear, its decisions will be entirely independent of Government, with every Minister of the Crown compelled to uphold the independence of the authority. As is often the case with establishing a new body, the first chief executive and chief appeals officer will be appointed by the Home Secretary, but appointments thereafter will be made by the chair of the authority, as set out in clause 2. These will be made on merit and on the basis of fair and open competition.

The authority’s operations and performance will also be subject to external scrutiny, and it will be placed under the remit of the independent chief inspector of borders and immigration.

Shabana Mahmood

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I will give way to my hon. Friend who has not asked a question yet.

Shabana Mahmood

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All such appointments will be subject to the usual public appointments principles, which will apply here as they do elsewhere. I am happy to discuss with Members, as the Bill passes through the House, whether there are any additional safeguards—

Shabana Mahmood

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I have given way to my hon. Friend before; I will make progress and come back to him.

In the new system, a single, faster appeal route will be established, as addressed in clauses 11 and 12. Today, too many claimants make multiple claims at different stages of the process, including at the last possible moment, often to thwart their legitimate removal from this country. To give just one illustrative and eye-opening example, one case involved a convicted rapist who was due to be sent home after serving eight years in jail. Despite not challenging his deportation at first, he went on to make a series of late claims, including a judicial review on the eve of being removed from this country. Although we eventually managed to remove him, it took more than four years to get this criminal out of the country. For that reason, alongside the new authority, we will create a single appeal route. That will require claimants to raise all relevant matters up front.

Where late claims are raised, particularly in the run-up to removal, they will be dealt with through an expedited process. That means that genuine issues will still be considered, but tactical claims can no longer be used to frustrate a removal. As is already the case, claimants may access advice and legal representation, with legal aid available to those who are eligible. That advice and support are vital to ensure that appeals progress fairly, without delay or disruption.

In clause 21, in part 3 of the Bill, we are introducing further measures to ensure that decision making is fast and fair. Today, there are two separate types of protection: refugee status and humanitarian protection. Both carry near-identical entitlements and eligibility for settlement. That creates near-duplicate claims and unnecessary complexity, which slows down our asylum system. The Bill therefore replaces those two forms of protection with one form—the core protection model. That means that each claim will be assessed once, with one outcome. A right of appeal will be available only to those refused protection, not those who wish to seek protection under a different status. That is a clearer, simple process that will make no difference to those lodging genuine claims, but will cut inefficiency in the system and ensure that those with genuine appeals get a faster, fairer decision.

An effective asylum system is one in which claims are heard fast and fairly. Those who have a legitimate claim receive the protection they need, while those who do not are removed from this country, without turning the bureaucracy against us. That is what the measures in this Bill seek to achieve.

Shabana Mahmood

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I will give way to my hon. Friend the Member for Bradford East (Imran Hussain), if he still wants to come in. [Interruption.] No? I will give way to my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) then.

Shabana Mahmood

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I think my hon. Friend means mandatory reconsideration in the context of a case when an appeal is made.

Shabana Mahmood

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To reassure my hon. Friend, before a case proceeds to appeal, we already have an internal process whereby we check whether we should still defend the claim at appeal stage. If the facts have changed or if there are issues with the original decision, we remove cases from the list of those proceeding to an appeal under the current system. We are doing something similar already. I do not want to create additional bureaucracy and ever-more complication, but that is part of the Home Office’s current process. We have removed cases from the appeals backlog where we know that they should be granted.

Shabana Mahmood

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Actually, I think we need to focus our efforts in a number of areas. We need to ensure that we are improving the quality and speed of initial decisions, and we have been doing that. However, as my hon. Friend will know and as I have just set out, people make multiple claims, often at the last minute. I raised the example of a foreign national offender who it took us four years to remove from the country after he had served a sentence. That is because he kept putting in appeal after appeal after appeal after appeal. These reforms are designed to deal with that problem.

I am sure my hon. Friend will agree that we need to be able to look at the system in its totality, so we should absolutely look at the quality of initial decisions, but there is no silver bullet here. There is nothing that says, “As long as you fix that one thing, you are not going to have a problem anywhere else.” There will still be claims that are rightly refused both at the initial stage and at appeal stage, and it is imperative that we can remove people from this country as quickly as possible when they have no right to be here.

It is vital that we provide protection to those who are truly in need. Following the devastation of the second world war, this country led the world in promoting human rights to ensure that we learned from the horrors of the past. This Government will always be committed to that internationalist ideal and to the robust human rights laws that underpin it. However, we are also realists, so we admit where noble intentions have been misused and abused. Today, too often, we see well-meaning laws used not to defend a human right, but as a way to frustrate the removal of someone with no right to be in this country, including failed asylum seekers, visa abusers and even foreign criminals.

The British people have a natural sense of fairness. They believe that those who require protection should receive it, but no one should be able to abuse that protection. The abuse of human rights law does not just erode the public’s support for our immigration system; it erodes their support for the very idea of having such laws at all. For those who believe that these laws matter, it is essential that we reform them to end their abuse.

Clauses 17 to 20 reform the domestic application of article 8 of the European convention on human rights—the right to a family and private life. Article 8 is undoubtedly a vital protection, but it is a qualified right. That means that the rights of individuals must be weighed against the public interest. Over time, the balance between an individual’s family rights and the rights of the wider community has shifted. Without a clear definition from Parliament of how that balance should be struck, the interpretation of article 8 in our domestic courts has expanded beyond the original convention and what Strasbourg case law requires.

To understand how far the balance has shifted, consider just one example. In 2025, an Albanian man jailed for growing cannabis escaped deportation not because he had any right to be here, but because it was deemed unduly harsh on his partner to deport him. She was not his wife or life partner—instead, this relationship began only after a deportation order had been served. Why was the deportation deemed to be unduly harsh? The partner spoke no Albanian and had never visited the country before. While that is just one example, the expansion of article 8 is clear throughout the system. More than half of those who stayed in the UK for family reasons last year did not meet our own rules, relying instead on their article 8 rights, and 71% of those who stay in the UK because of article 8 rights arrived here illegally or overstayed their visa.

The Bill addresses both the definition of family life and the public interest test. Clause 19 tightly defines the public interest. It clarifies that judges must consider the economic impact on the taxpayer of allowing people to remain in the UK, including whether they are able to support their family, and that no weight should be given to an article 8 claim when someone is here illegally.

Clause 20 strengthens the public interest test so that foreign criminals can be removed more easily. It states that the more serious the offending, the greater the public interest in removing them from this country. It also specifically addresses those facing deportation who may be appealing on article 8 grounds. The Bill makes it clear that a deportation should go ahead outside of a limited number of truly exceptional circumstances, as set out in clause 20.

On the subject of deporting foreign criminals, the Government intend to table an amendment to the Bill in response to the widely reported case of the vile grooming gang leader Shabir Ahmed. Our amendment will provide the Home Secretary with a new power to disapply section 7 of the Immigration Act 1971 for serious criminals. That section provides protections for long-term UK residents, but it clearly should not act as a bar to removal in cases such as that of Shabir Ahmed. The threshold for the power will be tied to the power to deprive citizenship, which applies only in cases of exceptional severity. It is important to note that that does not guarantee his removal from this country, as the Conservatives know all too well from their own experience. The Foreign Secretary and I will continue to work on all avenues to pursue a deportation. I know that the thoughts of everyone here are with the victims and survivors of this vile criminal.

Let me return to the Bill as drafted and our reforms to the definition of family life in domestic law. Clause 18 tightens the definition of family life. For immigration purposes, a “family” will now normally mean relationships in the immediate family unit. That means a spouse or partner, a parent or a child under the age of 18, apart from in truly exceptional circumstances, such as an incapacitated adult who lives with and is entirely dependent on their sibling.

Clause 19 makes it clear that judges must consider when article 8 rights were established and, in particular, whether that happened after someone entered this country illegally or overstayed their visa. In clause 17, we clarify whose article 8 rights should be considered. This makes it clear that for someone overseas to come to the UK on article 8 grounds, a family life claim must be made by a UK-based sponsor, and cannot be made by family members overseas. That is because our obligations under the ECHR are, rightly, to those who are living in the UK.

In clause 19, as part of our reforms to article 8, we set out where it is unreasonable to expect a child to leave the UK when a member of their family is being removed. Specifically, it is if the child will not receive an education in the other country or will not be able to integrate into that country, or where relocation would have a very significant and long-lasting adverse effect on them. This brings us in line with case law in the European Court. We also set out the limited circumstances in which it may be reasonable to remove a parent where they do not have a genuine and subsisting relationship with the child. In doing so, we once again bring UK law in line with existing Strasbourg case law.

We do so with legitimate cause. As the interpretation of article 8 has widened, we have seen shocking examples of the abuse of parental relationships, including a paedophile who was allowed to stay in this country because his deportation to Pakistan was, under article 8, considered “unduly harsh” on his children. That was despite the fact that his contact with those very same children is restricted by law, in order to protect them from their father. The Home Office appealed the case and eventually won, but only after a lengthy legal battle necessitated by the lack of a clear definition in the law. This Bill rectifies that situation.

Shabana Mahmood

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I have been far too generous, Madam Deputy Speaker. I will plough on, but my hon. Friend is absolutely right: the way to make sure that the interpretation of international human rights law is in line with what the general public would expect and with the original intention of the drafters is to work with our international colleagues—not to rip up human rights law and give up on it, but to make sure it is fit for purpose.

Just as article 8 has been exploited by those facing legitimate removal from our country, so has our modern slavery system. Human trafficking is an abhorrent crime, and we will always provide the support victims need, especially vulnerable children. For that reason, the Bill strengthens a number of those protections, especially by placing child trafficking guardians on a statutory footing and making sure that modern slavery decisions about children are devolved to local authorities, so that those closest to the child—those best placed to make decisions about the support they need—make those decisions properly. We are also strengthening slavery and trafficking prevention and risk orders, ensuring that law enforcement can restrict offenders’ movements and work. Clauses 44 to 49 raise the standards for businesses and public bodies. They must report on their actions to identify and tackle abuse in their supply chains, or face potential fines of up to £1 million.

However, we know that we must also address the growing misuse and abuse of those protections. In 2025, modern slavery claims by arrivals on small boats reached an all-time high. Over half now relate to alleged exploitation overseas, rather than here in the United Kingdom, and claims are increasingly being used to frustrate legitimate removals from this country. Last year, over a third of charter flight returns failed to go ahead because of a modern slavery referral lodged at the last minute. Foreign criminals have seen the opportunity—in recent years, last-minute claims have been made by a convicted rapist, a gangster jailed for possession of a firearm, and an attempted murderer. In every case, those claims successfully delayed their removal from this country.

For that reason, part 5 of the Bill introduces measures to address abuse in the system. In particular, we make it clear that anyone who poses a threat to public order or national security will not receive modern slavery protection and support. This includes any foreign national who has received a custodial sentence, including if that sentence was suspended. In clause 36, we make clear that delayed disclosures have a damaging effect on a person’s credibility unless there are good reasons. By doing so, we further reduce the incentive to make claims as late as possible.

Shabana Mahmood

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I will not, because Madam Deputy Speaker wishes me to wind up quickly.

In clause 37, we close another significant loophole. As it stands, those whose claims turn out to be unfounded can continue to receive taxpayer-funded support for a 30-day recovery period. The Bill will ensure that we stop providing protection for those who we know do not need it.

This Government are committed to the protections provided by human rights law, but those protections must be applied fairly. That means ensuring that they are always given to those who are truly in need, and it means ending the abuse that runs contrary to their spirit and intention. The measures in the Bill are realistic and proportionate, and are designed to protect those who are genuinely deserving while bearing down on abuse that erodes public support for the very existence of such protections.

A fair asylum system is one in which claims are heard fast and fairly, and where protections are upheld for those who need them, but not for those who seek to abuse them. It is one in which we provide support, but expect that those who are in a position to contribute do so. Every day, we ask our constituents to bear the burden of funding our asylum system. As that asylum system has spiralled out of control, the weight on their shoulders has grown. That is not fair, and it was also never foreseen; the original drafters of the refugee convention could never have imagined that the British people would spend billions each year on asylum support. To continue their legacy—providing protection to those in need while retaining public support—we need to adapt to our new reality. We need a fair way of addressing the challenges of the world as it is.

To that end, part 4 of the Bill creates a new contributory principle within our asylum regime. It does so through clause 23, by introducing a power that requires those who have received taxpayer-funded support to pay back a portion when they can. This measure reflects a principle that most people would recognise as fair: once you are able to contribute, you should.

Refugees have immediate access to the labour market and housing, and many go on to work, build successful lives and contribute enormously to our society. Payments under our new system will be proportionate and made over time; no one will be asked to contribute more than they can afford, but payments will not be optional for those who can make them, and those who have received support but have been removed from the country will not be able to return until their debt is repaid. There are some to whom this will not apply, including children and anyone who came to this country via a safe and legal route. Clause 23 of the Bill introduces this new power; however, the precise design of the payment programme will be set out in draft regulations, which I will share with the House during the Bill’s passage through Parliament. There will be ample opportunity for full parliamentary scrutiny of these changes.

That brings me to the end of the Bill. It must be read in the light of the inheritance that this Government received—borders out of control, an asylum system in crisis, and a burden placed on the British people that was simply too great. This country has long provided support to those fleeing war and persecution, and proudly so, but the chaos that the Conservative party left behind has eroded public trust in our asylum system. This Government have already done much to restore order at our borders, but there is more to do. That is the goal of this Bill: to ensure that decisions and appeals are fast and fair; to provide protection to genuine refugees; to offer protections under human rights laws for those who are in genuine need, while closing loopholes that have too often been abused; and to ensure that the generosity of the British people is not forgotten, and that people can contribute when they are in a position to do so. This is a Bill that will provide fairness for genuine refugees, but also fairness for local communities, thereby making sure that we secure our asylum system for generations to come.

The Minister for Border Security and Asylum (Alex Norris)

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You are not alone in that assessment, Madam Deputy Speaker—you are not alone!

It is a privilege to close this debate. Today the House is going through the collective trauma of the loss—the murder—of one of our former Members, Ann Widdecombe. During the Home Secretary statement earlier, colleagues from across the House spoke about the forthright way in which Ann Widdecombe put her views, never fearing to tell people that they were wrong, but always listening and keen to engage. The debate we have had today has been in that very best tradition of this House; I have agreed with lots of what colleagues have said, and disagreed with lots, too. I hope to cover as much of it as possible.

It is important to recognise where this Government started from. Two years ago, we inherited a total lack of control and order at our borders; an asylum system in which criminal gangs, not the Government, decided who came into the country; hundreds of hotels being used to house vast numbers of people at enormous cost to the public; and decision making that had quite simply ground to a halt. We have changed that reality. The system that we inherited worked for neither the collective, nor the refugees who wanted protection. It was a reality that has had to change; it is a journey that we are on.

We have made significant progress. Asylum decision making is up, costs are down, and we are on track to close all asylum hotels in this Parliament. We are seeing a reduction in demand for asylum, getting us much closer to more usual levels for this country. However, we have a long way to go in order to win back the trust of the British public, which is why this Bill is needed.

Alex Norris

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Houses in multiple occupation have always been a part of providing refuge for people with mental health issues, people fleeing domestic abuse and those in many other circumstances. Use of them can be right. We want to find the right balance and ensure, through our policy of full dispersal, that the burden is shared more equitably. Fundamentally, we want to reduce demand—that is at the heart of the debate.

The Bill does five things, and I will try to group the points made by hon. Members around those five things. On the independent immigration appeals authority, we heard lots from the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), from my hon. Friends the Members for Hammersmith and Chiswick (Andy Slaughter), for Bassetlaw (Jo White), for Nottingham East (Nadia Whittome) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), from my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan), and from the hon. Members for Westmorland and Lonsdale (Tim Farron) and for Dwyfor Meirionnydd (Liz Saville Roberts).

I want to recognise the important work that judges do in the system. They work hard and have been creative to provide more capacity, and I am grateful to them for doing so. Nevertheless, I want to be clear with the House that simply trying to sweat the existing model will not give us the capacity that we need to have a functioning appeals system. That is why we are making these changes.

I cannot accept that the lack of legal training in itself is a weakness in this model. As my right hon. Friend the Home Secretary has said, we see it, for instance, in the magistrates system. We also know that other countries, such as Canada and New Zealand, have lay adjudication as well.

Colleagues have made important points about the independence of the appeals body and the potential blurring of lines with the Executive. We have no desire whatsoever to do that. I think that what is on the face of the Bill shows that separation clearly, but we will nevertheless work with colleagues throughout the passage of the Bill to give them the confidence that, as I say, we have no desire to blur those lines.

On the impact assessment, a lot of the uncertainty relates to the fact that we are not setting an arbitrary timeline by which the new system must be fully operational. We have to have security that the system will stand up properly, including with a period of double running. That is why there is a degree of uncertainty. Nevertheless, we need the greater capacity that the system will give us.

On the European convention on human rights, again, we have heard important contributions from colleagues across the House, including my hon. Friends the Members for Great Grimsby and Cleethorpes (Melanie Onn), for Sunderland Central (Lewis Atkinson), for Montgomeryshire and Glyndŵr (Steve Witherden) and for Walthamstow (Ms Creasy), the right hon. and learned Member for Fareham and Waterlooville (Suella Braverman), the right hon. Member for Islington North (Jeremy Corbyn), and the hon. Members for South Leicestershire (Alberto Costa) and for Broxbourne (Lewis Cocking).

On this point, we have a contrast. We have the empty calories offered by the Opposition in their reasoned amendment, with the idea that all our issues could be solved by leaving international agreements—which would, in fact, make all of us weaker. These rights, both domestic and international, are for all of us. In lieu of serious answers, the Opposition try to offer us three-word solutions, but that will not work in this case. They talk about this in the context of returns, but returns need two things: yes, an individual must be barrier-free legally, but there must also be a place for that individual to return to. Having negotiated returns agreements around the world, I say gently to colleagues that resiling from very important international agreements would weaken the process, rather than strengthen it.

What I will say to those on the Government Benches, but perhaps not to those on the Opposition Benches, is that we must ensure that we do not defend a broken status quo, although I am happy to say that I did not hear much of that in the debate. We must recognise that it is not unreasonable to seek to align those agreements a little better, particularly when they are being applied more broadly domestically than in Strasbourg case law. I think that is an entirely reasonable thing to do.

We have heard from my right hon. Friend the Home Secretary about the ways in which some people have sought to game the process. We should close the loopholes so that we maintain can public confidence and consent for the ECHR.

Alex Norris

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I am afraid not.

My hon. Friend the Member for Walthamstow mentioned core protection. It is right that we simplify the protection status in this country and put into statute what we put into the immigration rules in the spring. I say to those who are concerned about the 30-month status that I have been clear from this Dispatch Box and in other forums that we do not want people to stay on core protection for long periods of time. If they switch to a protected work and study route, it will take them out of the 30-month renewal, as will coming via safe and legal means.

Let me turn to asylum support. Important contributions were made by the hon. Members for Cheltenham (Max Wilkinson), for Perth and Kinross-shire (Pete Wishart) and for Brighton Pavilion (Siân Berry), and by my hon. Friends the Members for Edinburgh East and Musselburgh (Chris Murray), for North Warwickshire and Bedworth (Rachel Taylor) and for North Northumberland (David Smith). In principle, it is reasonable to recognise that support for asylum seekers is a unique thing and that it comes from a significant multibillion-pound contribution made by British taxpayers. It is right, and perfectly in line with the refugee convention and our international obligations, that we ask for a contribution towards that.

I cannot recognise or agree with the concerns around destitution. We have been very clear that this is about when people have the means to earn. We do not want to choke off someone’s life that they are building in Britain, and we certainly would not want to push people into poverty. I have heard from colleagues, particularly Labour Members, that they want to see greater detail. My right hon. Friend the Home Secretary made the commitment in her opening speech that we will publish that regime as this legislation goes through, so that colleagues will know exactly what we are seeking to put into practice.

On modern slavery, lots of colleagues talked about their own personal records in this space, and I say to them: well, me too. I have been doing this for nine years in this place; I have always used my platform to push for better protections against slavery.

Some colleagues—including the right hon. Members for Staffordshire Moorlands (Dame Karen Bradley) and for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), my hon. Friend the Member for Worcester (Tom Collins), and my right hon. Friend the Member for Hayes and Harlington (John McDonnell)—asked, “Why is this in here?” First, it is an opportunity to strengthen the regime. I have spoken about transparency in supply chains and section 54 for all my years in this place. This provision strengthens that, and it recognises that there are ways in which the system is being used in interaction with the immigration system.

On the late disclosures, I accept that not everybody’s recovery from slavery will allow them to immediately disclose that they have been a slave—they may not even recognise it themselves or have overcome their trauma. We are saying that when that is used at the very, very last minute—as it has multiple hundred times in the last hours before removal—the court ought to take into consideration whether that is really being declared in good faith or not. That will still be a rebuttable proposition, but I think that is right.

Similarly on the public order disqualification, I urge colleagues to look at what is in the Bill. It is totally reasonable for the Government of the day to say that the interaction of slavery protections should not trump considerations of national security. If people do seek to do terror and are convicted of terror offences, then of course that must be taken into account.

Alex Norris

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I am really sorry, but I cannot.

On Shabir Ahmed, my hon. Friends the Members for Oldham West, Chadderton and Royton (Jim McMahon) and for Rochdale (Paul Waugh) made really important points. They heard me say it last Monday, and they will hear me say it again: from the Government’s point of view, all options are on the table. We believe that this legislation provides a really good vehicle to tackle this challenge, alongside working on removals too. I will be very keen to continue to engage with hon. and right hon. Members on this, but I am glad, as I think everyone in this debate has been, that we have the opportunity to move forward on this shared priority.

On safe and legal means, my hon. Friends the Members for Falkirk (Euan Stainbank), for Great Grimsby and Cleethorpes, for Oldham West, Chadderton and Royton and for Bury St Edmunds and Stowmarket (Dr Prinsley) talked about what British people will do if given schemes that are ordered and controlled, and I totally agree. I have seen it in my own community with the schemes on Ukraine, Hong Kong British nationals overseas, Afghanistan and Syria. What British people will not accept is a lack of order and control. That is what is at the heart of this Bill and the Government’s approach. We have the chance to pivot from that broken model to a fixed model that works within our values and keeps public confidence too.

My hon. Friend the Member for Walthamstow talked about the overseas domestic worker visa. I would encourage her, if she has not already, to talk to my hon. Friend the Member for Birmingham Yardley (Jess Phillips). She will know that we are reviewing it at the moment, but if she thinks the Bill is a good vehicle for pushing the points that she makes very well, I would agree.

Finally, on contracts, I agree with what my hon. Friend the Member for Edinburgh East and Musselburgh said—that is why we are going to reform them. With that, I commend the Bill to the House.

Question put, That the amendment be made.

The Minister for Border Security and Asylum (Anna Turley)

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It is a pleasure to serve under your chairmanship, Dr Murrison. I thank all Members for the constructive debate we have had on the amendments to clause 1 of this Bill, particularly the hon. Members for Brighton Pavilion and for Stockton West, and the hon. Member for Mid Bedfordshire, who tabled amendment 87.

I would like to say up front that it is very clear that consent for our asylum system in the public domain is fraying. The important part of this Bill is to seek to restore control, restore fairness and rebuild the public’s confidence. We have made huge progress on initial decision making; we have cut the backlog in initial decisions by 72% from the 2023 peak. However, as we have done so, the appeals backlog has grown substantially, now with waiting times of more than two years. Some appeals are absolutely genuine, and they of course must be heard fairly. However, it is clear that some claimants are lodging appeals to frustrate their legitimate removal from this country.

As of June 2026, the open caseload in the first-tier tribunal immigration and asylum chamber was about 156,000. The average time taken to clear appeals across all categories is currently at 65 weeks: 72 weeks for asylum protection, 74 weeks for human rights and 48 weeks for European economic area free movement. The Government have substantially increased both capacity and productivity in the FTT IAC, but demand has risen considerably faster. Receipts increased from around 58,000 in 2023-24 to almost 118,000 in 2025-26, while the outstanding caseload rose from around 50,000 to more than 150,000. We have done our best to try to support the workforce within that existing system. We increased the judicial workforce by 21% to 311 judges, including 61 new fee-paid judges and 25 salaried judges who began sitting between January and March this year, and we are continuing further recruitment.

The structural constraint is just how quickly judicial capacity can scale. Judicial recruitment draws on a relatively limited pool of experienced lawyers, and it currently takes around 12 to 18 months from launching an exercise to a judge being able to sit, so that is not feasible. The IIAA therefore broadens the recruitment pool, providing greater flexibility and allowing us to increase capacity while maintaining robust safeguards around training, legal support, quality assurance and professional standards.

Anna Turley

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The hon. Gentleman makes an important point, and all of us, as Members of Parliament, will have had our own cases that challenged some of the standards. However, what we have seen is that, while the number has increased, the decision making quality has not gone up or down. I would also say that, at the moment, the delays in the current system mean that decision making becomes poorer, because evidence is produced later in the system and some of it is not sustainable, and more and more different routes are being attempted to string out appeals. The longer the process goes on, the more complex and difficult the decision making becomes. This is about having swift and fair decision making, but we will always keep the quality of decision making in this process under review in the Department.

To create the swift and fair appeals system that we need, we are scrapping the judge-led asylum and immigration tribunal, which just cannot keep pace with demand, and we are replacing it with a new independent appeals authority to deliver swift and fair decision making. This authority will be staffed by independent adjudicators, who will be ordinary citizens trained like magistrates. To reduce abuse of the system, claimants will be allowed just a single route for appeal, which must be lodged as early as possible. That will remove the scope for bringing multiple appeals, as some claimants do, that are often vexatious and at the very last minute before removal. Late claims will be heard under an expedited process, ensuring that they cannot be used to frustrate a removal. There will be a right for a further appeal to a judge-led tribunal only on a point of law.

The new authority will be independent of Government, with a chair and chief executive officer who are accountable to the Home Secretary and Parliament for delivering an effective and efficient system. All appointments will be based on merit and subject to fair and open appointments principles. All Ministers, including the Home Secretary, will be under a statutory duty to uphold the IIAA’s independence and not to influence its decisions.

Anna Turley

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My hon. Friend makes an important point. We are really keen to ensure that public confidence is at the heart of this process; it cannot be allowed to operate in a vacuum. The public rightly expect us to have an immigration system that has regard to the public interest, and that is what these amendments and the Bill seek to reinforce.

Clause 1 establishes the Independent Immigration Appeals Authority as a body corporate: a public body that is independent of Government. It is the first step in the Bill to overhaul the immigration and asylum appeals system, which has seen unacceptable caseloads and waiting times for determinations to be reached. Amendments 64, 48, 49 and 87 concern subsection (5), which sets out the objectives the authority must meet when exercising its functions, namely

“(a) the aim to be accessible, fair and independent,

(b) the aim to handle its cases quickly and efficiently, and”—

crucially, as the hon. Member for Brighton Pavilion mentioned—to

“(c) have regard to the public interest”.

Anna Turley

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My hon. Friend makes an important point. I do not think many members of the public understand how our appeals process works. They see, particularly in the public domain, many cases that have been strung out with tentative evidence and means to do so, and that has led to a huge crisis of confidence. The Home Secretary set out very clearly that she is keen to restore order and control in our immigration service. That is crucial to the public confidence that we need in this country and for us to have a system that protects people from genuine war and persecution. It is vital that we maintain public confidence. Having regard to public interest is a key part of the system; the public would expect nothing less.

Today, asylum and protection appeals take 72 weeks to be determined on average. As we set out in the “Restoring Order and Control” announcement, that extended period can lead to people bouncing around the systems for years—that is neither fair on them nor, given its cost, acceptable to the public—and, in turn, accruing new, additional reasons for delay. The objectives make it clear not only that justice will be done, but that to have an effective immigration and asylum system, the end-to-end decision making and the enforcement regime must be aligned. Importantly, the decision making is still independent, but it cannot operate in a vacuum. The body must be a key part of the country’s immigration and asylum system; as I say, the public would expect nothing less.

New clause 12 seeks to require the Secretary of State to provide a report on the authority’s operations prior to commencement under clause 52(1). In our view, producing such a report prior to commencement is both unnecessary and, given the requirement on the IIAA to operate independently, inappropriate. Decisions on recruitment and training, which will ultimately inform capacity, timeframes and productivity, are for the authority alone; the Home Office should not pre-empt them in a parliamentary report. The Bill contains plenty of parliamentary reporting and accounting measures, which I am sure we will come to—

Anna Turley

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I hope the hon. Gentleman has seen the revised impact assessment, which now has a green flag.

Let me set out some of the reporting avenues that are already in the Bill. At the end of each financial year, the authority must produce an annual report on the exercise of its functions and any other information as directed by the Secretary of State. The chief inspector of UK Border Agency will also produce a report once a year, and at other times if requested by the Secretary of State. The chief executive of the authority has a statutory duty to respond to that report and to send that response to the Secretary of State, who must lay it before Parliament alongside the report. The chief executive may also lay written representations on matters they consider to be of importance through the Secretary of State. There is a wide range of provisions in the Bill to ensure proper accountability to Parliament.

Let me pick up the questions asked by the hon. Member for Stockton West about the costs of the IIAA. Detailed plans are currently being developed, and full costs and affordability will be developed through the business case; I undertake to keep Parliament completely updated throughout the process. As I say, we will be developing that, and I will make sure that Parliament is able to scrutinise it in the fullness of time, but in terms of operational capacity and productivity, we should not be pre-empting this. A report prior to commencement is not appropriate; it is for the IIAA, once established, to undertake its reporting duties.

Amendment 87 seeks to narrow the scope of the public interest considerations to those that concern just effective immigration control and the “prompt removal” of those with no right to remain in the United Kingdom. While I have some sympathy with the objectives of the amendment, I am afraid that it cannot be accepted because it is far too narrow in its definition. The authority is an independent body—we have established that very clearly in the Bill—and one crucial part of the immigration and asylum system, not just an extended branch of immigration enforcement. The public interest spans the entire spectrum, and could include things that are not included in the amendment, such as public safety, operational impact and value for money. We do not want to lose those other factors by limiting the definition to effective immigration control and removal. It is important that we keep the scope broad.

Anna Turley

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My hon. Friend is absolutely right and makes a really good comparison with the police. The police are to some extent accountable to the Home Secretary, but she does not get involved in operational decision making. Our approach to the IIAA is similar: it is vital that we ensure that we have the wider public interest at the heart of it, because it will be a key part of the country’s nationality, immigration and asylum process.

Anna Turley

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The hon. Gentleman makes an important point, but we live in a democracy. The Home Secretary of the day will be the Home Secretary of the day, and it is for them to define, legislate and direct the broader immigration system. To me, that is a key feature. It is really important that we have the flexibility to respond to the challenges and changes that our system faces, and that we ensure that we maintain public confidence in this process. At the moment, we have an abstract body that operates in a vacuum, purely with lawyers, and does not become part of the broader immigration process. It is important that public interest is part of this.

Anna Turley

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My hon. Friend is absolutely right. As I said, we know that things ebb and flow in the immigration system, and it is important that the Home Secretary has a system that commands the confidence of the general public, does not operate in a vacuum and considers the wider public interest.

For the reasons that I have outlined, the Government cannot accept the amendments, and I invite hon. Members to withdraw them.

Anna Turley

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A lot of these issues will be addressed during the course of the day’s discussion, so I look forward to responding to the hon. Gentleman further on those points.

Anna Turley

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Amendments 65 and 85 concern the routes through which decisions of the authority may be challenged. I thank the hon. Member for Brighton Pavilion and the right hon. Member for Croydon South (Chris Philp), who tabled the amendments.

Amendment 65 would allow individuals to bring judicial review proceedings against the decisions made by the authority. As we have heard, the Bill already provides clear routes for correcting errors and for onward appeals. The authority can review its own decisions under clause 6 and decisions can be appealed to the upper tribunal on a point of law under clause 7 where permission is granted.

Anna Turley

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The process mirrors the existing first-tier tribunal, which reviews errors of law, so it is important to clarify that this remains the same and retains the same definition. It is only on errors of law that a process can be appealed; this does not narrow that process any further.

Amendment 85 takes a very different approach. It would prevent decisions of the authority from being appealed to the upper tribunal at all. I am afraid we do not consider that acceptable. We do not believe that the authority’s decisions should be entirely prevented from onward appeal. That goes too far in the other direction and denies the right of justice where there has been an error of law.

Removing the statutory right of appeal could potentially open us up to even more litigation, as appeals where there has been an error of law would end up going straight to that process without this important safety valve. The authority will make important first-instance decisions, and it is right that there should be a means of correcting a decision when an authority has made, as we have said, an error of law.

Anna Turley

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My hon. Friend makes an important point. The hon. Member for Stockton West suggests that any unsuccessful appellant could appeal to the upper tribunal and that it will just create another tier, but that is not the case. An appeal may be brought only on a point of law and permission must be granted first, so those safeguards are in place. Permission acts as an appropriate filter so that only cases raising an arguable legal error can proceed. The upper tribunal’s role is not to rehear the appeal simply because a party disagrees with the outcome. It is important to determine whether the law was applied correctly.

Another point about an error of law has been flagged, and I would like to clarify what that means. An error of law is a mistake about the law or its application, rather than a simple disagreement with the outcome or an administrative error. It may arise, for example, where the wrong legal test has been applied, relevant matters have not been considered, the process has been unfair or the reasons given are legally inadequate. The purpose of the review and appeal framework is to ensure that those legal errors can be identified and corrected. It is important that we allow the process to be clear, legally fair and balanced so that, where there is an error of law, that can be referred onwards.

Taken together, the provisions in the Bill strike the right balance. They support the finality and efficient disposal of cases while ensuring that errors can be corrected through clear and appropriate routes. The Government cannot accept these amendments, and I invite the hon. Members not to press them.

Question proposed, That the amendment be made.

Anna Turley

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I would like to speak to clause 1 in more detail. As we have discussed, clause 1 will establish the Independent Immigration Appeals Authority as a body corporate: a public body that is independent of Government. It is the first step in the Bill towards overhauling the current immigration and asylum appeals system, which has seen unacceptable caseloads and waiting times for a determination to be reached. The clause details the primary function of the authority, which will be to determine immigration and asylum appeals as well as applications for immigration bail. It will give the IIAA the authority to determine the same case types determined by judges in the first-tier tribunal immigration and asylum chamber today.

Access to justice is a fundamental common-law principle and a core requirement of the rule of law. Clause 1 will place a statutory duty on the IIAA to uphold that through a statutory objective to be accessible, fair and independent. As set out in the clause, the authority must also aim to handle its cases quickly and efficiently, and have regard to the public interest in the performance of its functions. The clause makes robustly clear that Ministers must uphold the independence of the authority and not influence decisions through any special access to its adjudicators. The clause also states that a decision of the authority in relation to its primary function may be challenged in legal proceedings only in line with the review and appeal framework. Such challenges will be directed to the authority’s review process and onward appeal route to the upper tribunal.

Schedule 1 makes a number of consequential amendments needed to transfer specified immigration and asylum appeal and immigration bail functions from the first-tier tribunal to the authority. Government amendments 22 and 24 make further consequential amendments to the schedule, which I will be detailing in due course. The schedule updates the relevant legislation so that references to the first-tier tribunal, the tribunal and tribunal procedure rules are replaced, where appropriate, with references to the IIAA and its procedure rules. Those amendments apply across the categories of cases that will form the IIAA’s primary function, as set out in clause 1. They are necessary and largely technical amendments, required so that the wider legislative framework operates coherently once the authority begins determining those cases. I commend Government amendments 22 and 24, clause 1 and schedule 1 to the Committee.

Anna Turley

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I thank all hon. Members for speaking in the opening debates. As we have discussed, clause 1 and schedule 1 will establish the IIAA, with the key aim of overhauling the current system and driving down the unacceptable waiting times, which are causing significant problems in the system. As I set out, we know that public consent for our asylum system is fraying, and we have heard that from colleagues today.

The hon. Member for Brighton Pavilion set out very clearly and passionately that the current system is letting down those who are genuinely fleeing war and persecution as well. Genuine asylum seekers are not served by a process that gets ensnared in legal chew and does not have the opportunity to correct errors quickly. This is about enabling us to streamline the process, reduce errors and deal with people quickly and fairly in a much more managed way than the current system, which is letting everyone down on all sides, including those who are going through the process. As has been demonstrated, they are living in limbo at the taxpayer’s expense for far too long, and that is making it increasingly difficult for their cases to have a fair hearing. We all know the phrase about justice delayed, and I am afraid that that is the situation we are currently in.

I have set out the case fairly substantially, so I will not go over the arguments about the principles behind this again. Independence from Government is a cornerstone of the establishment of this new authority, and clause 1 seeks to protect that. Government amendments 22 to 24, while technical, will allow for the full operation of the IIAA when they begin their important work of determining cases. I want to come back to some of the questions raised by the hon. Member for Stockton West about transition and so on. As we have discussed, the scale and nature of the current asylum appeals caseload cannot be sustainably managed within the existing limits of the first-tier tribunal. Our assessment is that a fundamental reform is required to create a system capable of handling caseload volumes at speed while maintaining quality of decision making, fairness and independence.

Anna Turley

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We have put in substantial investment. I mentioned at the beginning that we have increased the judicial workforce by 21% to 311 judges, with 61 new fee-paid judges and 25 salaried judges starting between January and March this year, but we cannot continue to increase the judicial workforce at the rate that we need to deal with the ever-burgeoning appeals process—it is simply not sustainable. We need a system in which we can recruit people far more quickly and flexibly to make important decisions. I will come on to this later in our discussions, but we trust all sorts of people with important decisions, whether magistrates or planning inspectorates. We are building a workforce that will be making serious and consequential decisions, and we are doing so in a way that is not reliant on a slow process to increase the judicial workforce, which simply cannot cope with the increase in volumes of appeals.

Anna Turley

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I think we have been clear, and the Bill is clear, about the safeguards—not least the statutory requirement for Ministers to respect the independence of the authority. Those important safeguards are on the face of the Bill, and we are very clear about that.

To continue responding to the questions from the hon. Member for Stockton West, we are establishing the authority to offer increased and more flexible capacity and an enhanced ability to prioritise cases in the public interest. We expect a significant period of dual running, where the first-tier tribunal will continue to hear the existing appeals. That will run in parallel to the new Independent Immigration Appeals Authority, and will ensure continuity and that backlogs are addressed as quickly as possible.

On costs, implementations and benefits, as I mentioned earlier, we will bring forward detailed plans for the new authority, which will include the costs. Work is continuing across the Home Office, the Ministry of Justice and His Majesty’s Courts and Tribunals Service to refine those costs and establish comparable current costs for the first-tier tribunal immigration and asylum chamber. Those are not yet agreed or publishable for either comparison, but throughout the business case we will develop the full programme costs, affordability and benefits.

In terms of when we will start to make decisions, the authority will be introduced through a phased transition. The first-tier tribunal will continue to hear existing appeals in parallel, as I said, while the new authority begins to take on specific cohorts of new cases. We know that the new system will be quicker. The current system is taking too long to deliver decisions. The Bill creates a scalable appeals system with greater capacity and faster processes, while retaining independent scrutiny and fairness on individual decision making.

I have hopefully answered most of the questions that have been raised so far, so I will conclude by summarising the Government amendments in this group. Although technical, they will allow for the full operation of the IIAA when it begins its important work of determining cases. Therefore, I commend them to the Committee.

Question put, That the clause stand part of the Bill.

Anna Turley

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I thank the hon. Member for Brighton Pavilion for introducing her amendments. I will address amendments 66 and 67 and respond to some of the points she raised, but I will first give an overview of the measures grouped for consideration, including the Government amendments.

Clause 2 introduces the IIAA’s non-executive and executive members and deals with their recruitment. Those are fundamental roles, needed to enable the authority to recruit more widely and to begin operating, and with the leave of the Committee, I will explain some of them now.

The chair and the professional standards officer are non-executive members. The Secretary of State will be responsible for their appointment in accordance with the existing public appointments process; there is clear guidance from the Cabinet Office for setting up new bodies. The chief executive and chief appeals officer are executive members. The Secretary of State will appoint the first holders of those roles on merit through fair and open recruitment. Subsequent appointments will be made by the chair in consultation with the professional standards officer. Ministers will have no role in subsequent appointments of the executive roles.

The IIAA adjudicators will also be executive members and each will be appointed by the chief executive as an executive adjudicator or senior adjudicator. All IIAA executive members will be employees, meaning they will be subject to the terms and conditions of their role, have employment law protections and could be subject to employment proceedings as appropriate. Such proceedings could be in respect of poor performance, and may even lead to dismissal, enabling the IIAA to take the action it considers necessary.

The IIAA will incorporate experience and expertise as much as possible and certain roles will have statutory appointment criteria. The professional standards officer and chief appeals officer must have practised as legal professionals, as defined in the clause, in the UK for at least five years or, in the opinion of the chief executive, have suitable experience in law-related activities. Government amendments 25 to 27 will make a small change to that arrangement, in that the chair, rather than the chief executive, will be the individual who decides whether the professional standards officer possesses that suitable experience.

Senior adjudicators must also meet appointment criteria. They will need to have practised as a legal professional, as defined in the clause, in the UK for at least two years or, in the opinion of the chief executive, have suitable experience in law-related activities. The IIAA will thereby be able to recruit from a much wider pool of potential candidates. Enabling those who have suitable experience in law-related activities to become a senior adjudicator will make the authority better able to retain talent and knowledge, as it will allow executive adjudicators with no prior legal background to be appointed as senior adjudicators. Being able to retain a strong pipeline of talent with clear opportunities for career progression will be key to our success.

Anna Turley

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I recognise the hon. Gentleman’s challenge, but I am not sure how that is lowering standards. Just because they are not legally qualified does not necessarily demean the professional standards by which people will be making these decisions. I will explain more about our expectations of people in those roles.

Anna Turley

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My hon. Friend makes a crucial point. We have to be really careful to say that having legal qualifications is not a prerequisite for having good judgment. We see all sorts of good judgment by professionals; it is demonstrated every day by magistrates, ombudsman and planning inspectors, for example.

Anna Turley

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My hon. Friend is right to pay tribute to our incredible army of magistrates, who are volunteers. We are talking about professionals who will have a whole process of support, qualification and assessment. It is wrong to say that legal qualifications should be the only prerequisite for that kind of judgment.

Anna Turley

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I am afraid I completely disagree with the hon. Gentleman. The decisions that we ask our magistrates to take, which may result in restrictions on liberty, are life-changing. I think they are just as important as the decisions that we are discussing.

Anna Turley

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My hon. Friend makes a really important point. As I have set out, there will be senior appointees within the organisation who have legal qualifications, so any concerns on any aspect of law can be immediately referred to seniors. We do not have to have people with those incredibly costly and time-consuming qualifications to enable people to make these decisions. That is a really important point of principle.

Schedule 2 introduces important protections that will enable the authority to operate independently and autonomously. It makes it clear that the IIAA is not to be regarded as a servant or agent of the Crown. The disqualification of IIAA members from serving simultaneously as members of any UK legislatures underlines the expectation that authority members will be impartial in the performance of their functions. To further protect the IIAA from undue influence, all IIAA members, inclusive of senior officers and adjudicators, must be appointed on merit and based on fair and open competition.

The schedule limits the grounds for removal of non-executive members to serious misconduct, conflict of interest or being unable, unwilling or unfit to carry out their functions. Those in these important roles cannot be removed through the involvement of the Secretary of State. Executive members of the IIAA, the chief executive, the chief appeals officer and the adjudicators will be employees. The terms of their employment are to be set by either the Secretary of State, in the case of the first chief appeals officer and chief executive, or the IIAA, in the case of future appointments of senior officers and adjudicators.

The IIAA will be accountable to Parliament as a public body. Schedule 2 places a duty on the IIAA to report annually, providing Parliament with a means to scrutinise the authority on the performance of its functions. I hope hon. Members agree that the schedule strikes the right balance between operational autonomy and parliamentary accountability.

Let me move on to the amendments tabled in the name of the hon. Member for Brighton Pavilion. Amendment 66 would give the Judicial Appointments Commission a role in appointing not only adjudicators, but the IIAA’s executive and non-executive members. These are completely different statutory roles from judicial offices, with their own employee arrangements and distinct governance, leadership and adjudicative responsibilities, and it would not be appropriate to apply the single judicial appointments model to them. That is designed for people who are legally trained to be candidates for judicial office. That is not what the adjudicators will be. They are not legal appointments—professionals who will be highly trained, yes, but not legal appointments.

The Bill establishes clear and transparent appointment arrangements appropriate to each role. The non-executive members and the first chief executive and chief appeals officer will be appointed by the Secretary of State. Subsequent appointments of the chief executive and chief appeals officer will be made by the chair, and adjudicators will be appointed by the chief executive. Those appointments must be made following fair and open competition, as set out in paragraph 2 of schedule 2. Ministers will also be under an express duty on the face of the Bill to uphold the independence of the IIAA.

To be clear, there will be no direct involvement of Ministers in the recruitment processes for adjudicators. I therefore do not consider that involving the Judicial Appointments Commission in appointments is necessary or appropriate.

Anna Turley

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The shadow Minister mentioned the Bill’s use of the phrase “adequate training and support”. In answering his question on that, as well as some of the other questions he asked that were more practical, it is really important for me to specify that it is not for the Home Office to decide that. The chief executive will be responsible for ensuring that the IIAA adjudicators have adequate training and support to maintain their independence from the executive. The chief appeals officer is responsible for overseeing the quality of decisions and developing a quality assurance mechanism. They will be able to identify any specific training needs of adjudicators and recommend them to the chief executive. It is really important that I confirm to the Committee that the IIAA is independent. It is not for the Government to decide what accreditation and continuous development will be required for the IIAA adjudicators, who will, in essence, be making decisions on appeals to which the Home Office is a party.

The Minister for Border Security and Asylum (Anna Turley)

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It is a pleasure to serve under your chairmanship, Mr Stuart. I thank the hon. Members for Mid Bedfordshire and for Stockton West for tabling amendment 88. I will turn to that after giving a brief overview of the clause as it stands.

Clause 3 sets out the IIAA’s executive and non-executive members’ powers and duties. It makes the adjudicators responsible for the authority’s primary function: to make decisions on immigration and asylum appeals and certain bail applications. This will be the sole responsibility of executive adjudicators. Senior adjudicators will also have a responsibility to perform this function, but they may also have further responsibilities that are delegated to them by the chief appeals officer, as the clause permits. No other member or employee can determine the outcome of an appeal or application, reinforcing the autonomy of the adjudicator as the decision maker.

The clause also makes clear what the chief executive, chief appeals officer and professional standards officer are responsible for. Those members are responsible for putting adequate training and support in place for adjudicators, developing a quality assurance mechanism and setting the standards required of IIAA adjudicators. Those roles together will enable the IIAA to operate effectively and independently. Parliament will be kept abreast of important matters concerning the IIAA members or the administration of justice through written representations of the chief executive. Those representations must be laid before Parliament by the Secretary of State. This will also act as an important mechanism for the independence of the authority, which can communicate to Parliament through the Secretary of State on matters of concern.

Amendment 88 tabled by His Majesty’s Opposition would require the chief appeals officer to publish annual data on internal reviews and onward appeals against IIAA decisions. The Government support transparency and agree that the quality of the authority’s decisions must be properly monitored. However, we are confident that the Bill already establishes a comprehensive framework for quality assurance and accountability. Clause 3 requires the chief appeals officer to oversee the quality of adjudicators’ decisions, organise legal support and develop a quality assurance mechanism. The professional standards officer is also responsible for setting and maintaining the standards required of adjudicators, as well as publishing a code of conduct.

The authority will be required to produce an annual report; that is not for me to determine, but I fully expect it to cover the kinds of areas that the hon. Member for Mid Bedfordshire set out in his amendment. The annual report will be laid before Parliament. Its operation will also be subject to independent external scrutiny by the independent chief inspector of borders and immigration. Although I agree that it is important to scrutinise the specified figures that the hon. Member flags in his amendment, we do not feel that they on their own would provide a reliable measure of decision quality. It is therefore unnecessary to prescribe those particular measures in primary legislation. I ask the hon. Member to withdraw the amendment, but will quickly refer to a couple of points that he raised.

We discussed earlier the standards of adjudicators that the hon. Member mentioned, but it is important to reiterate that adjudicators should have the required training to give them the necessary decision-making expertise to make determinations on appeal cases and bail applications. It will be the responsibility of the chief executive to ensure that adjudicators have adequate training and support. The chief appeals officer will be responsible for organising a system of legal support for them. The Bill provides strong safeguards and quality assurance mechanisms to ensure high standards and to ensure adjudicators are entirely independent of the Executive.

The hon. Member for Mid Bedfordshire flagged adequate training and support, and it is important go into a bit more detail on that. The chief executive will be responsible for ensuring that the authority’s adjudicators have adequate training and support to maintain independence from the Executive. The chief appeals officer is responsible for overseeing that quality. The chief appeals officer will also be able to identify any specific training needs of adjudicators and recommend them to the chief executive if they desire. The important point is that the authority is independent. It is really important that we remember that. It is not for the Government to decide what accreditation and continuous development is required for the authority’s adjudicators. They will be making decisions against appeals to which the Home Office will be a party, so it is important that we allow the authority to set those standards itself.

I will move on to how things will be monitored. As I mentioned, we have built a few steps of quality assurance into the system from the outset through training, legal support, professional standards, decision quality oversight, internal review and onward appeal rights. As I said, the chief appeals officer will be responsible for organising that system of legal support, the professional standards officer will be responsible for setting professional standards, and the detailed operation of those arrangements will be developed through the authority’s quality assurance framework and procedural arrangements as they are established.

I hope that reassures the hon. Gentleman that we agree with the principle behind the amendment. We do not think the specific figures he outlined are the best way to reliably measure decision-making quality, but we share the determination to ensure that there are opportunities to scrutinise it throughout the process.

Anna Turley

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I again thank the hon. Member for Brighton Pavilion for her amendments. We are having numerous Divisions today, but it keeps us all on our toes. I will take her amendments in turn.

Clause 4 sets out that the authority will operate under a set of procedure rules determined by the IIAA procedure rules board. I will set out the details about the establishment of the board when we discuss clause 5, but that board is the body that will determine the procedure rules. In reference to some of the requests for more information on the rules, or for draft rules, those are not for us to determine. The procedure rules board will be set up through a proper establishment process as it is a statutory body, and it is important that it leads on the drafting of the procedure rules.

Those rules will be made by statutory instrument so we will have the opportunity to scrutinise them at that point. Making the IIAA procedure rules that way provides an important safeguard to the independence of the authority by placing control of its procedural framework—set out in schedule 3—in the hands of the IIAA procedure rules board. That is broadly similar to the process for the current tribunal rules, which sees the Tribunal Procedure Committee draft rule changes following consultations with relevant stakeholders. The IIAA procedure rules board, like the Tribunal Procedure Committee, will make its own procedure rules as if it were a Minister of the Crown.

Amendment 63, in the name of the hon. Member for Brighton Pavilion, seeks to amend clause 4 so that the authority’s procedure rules board must draft the procedural rules “with a view to” securing the statutory objectives in clauses 1(4) and 1(5). It would replace the current requirement for the board to draft the rules with

“regard to the desirability of”

meeting those objectives. The amendment mirrors the wording of the duty placed on the Tribunal Procedure Committee in the Tribunals, Courts and Enforcement Act.

The Bill sets out that in the exercise of its primary function, the IIAA must

“aim to be accessible, fair and independent…aim to handle its cases quickly and efficiently, and…have regard to the public interest, and…to the fact that the IIAA operates as a key part of the immigration and asylum system.”

The procedure rules board is internal to the authority and therefore members of the board would be expected to comply with the statutory duty set out in clauses 1(4) and 1(5). Amendment 63 would therefore have no practical impact on the way the authority’s procedure rules board develops its rules.

Anna Turley

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We simply do not believe that is necessary. The procedure rules board does not require that change to the wording about its objectives, because that already forms part of the authority. As I have specified, the authority is under a duty, which is made explicit on the first page of the Bill, towards those objectives in the performance of its functions—it has to undertake them. It has a statutory objective to aim to be “accessible, fair and independent” in the performance of its functions, so we do not agree that this is any sort of watering down. The way that the procedure rules are made will be independent of the Government and it is crucial that we maintain these safeguards.

Schedule 3 establishes the framework within which the procedure rules of the authority will operate and ensures that the IIAA has the powers necessary to manage proceedings fairly, efficiently and transparently. The schedule provides for rules-governing matters such as hearings, evidence, representation, reviews of decisions, appeals to the upper tribunal, costs and the publication of decisions. It also enables the IIAA to make effective use of modern case management practices, including remote hearings and measures to support vulnerable participants.

The schedule promotes the timely and effective resolution of cases. It allows the procedure rules to address the treatment of evidence provided late, while preserving appropriate safeguards where there are good reasons for delay. It also reinforces transparency and accountability by providing for the publication of decisions, subject to safeguards, to protect the interest of justice and the anonymity of those who should not be identified. Taken together, these provisions will enable the authority to develop a clear and comprehensive procedural framework, supporting it to discharge its functions fairly, consistently and without unnecessary delay.

I turn to amendment 68, which would require the authority procedure rules to provide that an adjudicator involved in making the original decision cannot take part in a review of that decision. The Government recognise the importance of ensuring that these reviews are conducted fairly and impartially. Again, the Bill already provides appropriate safeguards around the exercise of the review power. Clause 6 will require a review to be carried out by an IIAA adjudicator, while schedule 3 will enable the procedure rules to set out the circumstances in which and the procedure by which the power under clause 6 may be exercised. Clause 3 also makes the chief appeals officer responsible for allocating cases to adjudicators and for developing a quality assurance mechanism. These are important safeguards to enable the fair and impartial allocation of reviews. The Government therefore consider that the allocation of reviews is more appropriately addressed through the authority procedure rules and case allocation arrangements, rather than being prescribed in the Bill.

Clause 5 sets out which of the IIAA members will sit on the IIAA procedure rules board and how appointments of standing members to the board can be made. The procedure rules board will consist of

“the Chief Executive…the Chief Appeals Officer…the Professional Standards Officer, and…any standing members appointed by the Chair.”

The statutory make-up of the board will ensure that it has adequate expertise to draft rules that are fit for purpose, including the legal expertise of the chief appeals officer and the professional standards officer. The option to appoint further standing members will enable the chair to ensure that the board can make rules in areas requiring specialist expertise, where relevant; that might include social worker expertise for rules related to unaccompanied asylum-seeking children, for example. Beyond that, as clause 4 sets out, the board must consult such persons as it considers appropriate. Again, that will support the IIAA to incorporate a range of views, expertise and experience into its rules.

The Government amendments in this group seek to achieve several aims. I will cover expedited appeal proceedings in more detail when we debate groups 8, 9 and 11 on the selection list. In this group, amendments 30, 31, 33, 34 and 35 will ensure that the immigration bail provisions operate consistently within the Bill’s expedited proceedings framework. The Bill already requires regard to be had, when considering whether to grant immigration bail, to whether proceedings are subject to the late claims process under clause 12. These amendments simply make equivalent provision where proceedings before the IIAA relating to a person are being expedited pursuant to a request by the Secretary of State under clause 9, which we will come to later and which will apply where the Secretary of State considers that it would be in the public interest for proceedings to be expedited. It is therefore appropriate that cases proceeding under the expedited process be treated consistently with cases subject to the late claims process.

These amendments will simply ensure that both categories are reflected in the matters to which regard must be had when determining whether to grant immigration bail. Crucially, however, they will not alter the legal test for immigration bail. The amendments will also remove applicants for immigration bail from the paragraph 11 credibility provisions in schedule 3, with the effect that those provisions apply only in relation to appellants. Taken together, these are technical and consequential amendments that will ensure that part 1 of the Bill operates as intended.

Government new clause 2 will give the Secretary of State a power to take such steps as they consider appropriate to increase the supply and capacity of qualified immigration advisers to appellants in the IIAA—that is, people who are qualified within the meaning of section 84 of the Immigration and Asylum Act 1999 to provide immigration advice and services. Provision has already been made in schedule 3, which requires appellants to indicate whether they have obtained advice or representation.

This power is intended to complement that provision by expressly empowering the Secretary of State to invest in increasing the availability of advice and representation for appellants and bail applicants in the IIAA. I am glad to hear it welcomed by the hon. Member for Brighton Pavilion, because it is intended to support access to justice by encouraging growth in the advice and representation sector and by increasing availability and access to advisers and representatives. It creates a clear legal basis on which to increase the general availability of IIAA advice and representation through financial and other assistance. For example, investment may be in training, accreditation, workforce development and support for service providers. Early legal advice helps to avoid delays and late claims, leads to better decisions and, crucially, ensures that individuals get the advice and support that they need at an appropriate time.

Government amendment 29 will amend schedule 3 to ensure that the IIAA procedure rules require the IIAA to provide all appellants and bail applicants with information on how to access advice and representation, reinforcing our intention that all appellants should have the opportunity to obtain it. Government amendment 28 is a small technical change to enable amendment 36, which we will come to in the next group. Finally, Government amendment 32 will limit the application of paragraph 11(3) of schedule 3, so that IIAA procedure rules are not required to make the same provision as is made in new clause 3, which we will come to later.

Anna Turley

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The ultimate decisions on how this will be set up are for the procedure rules board. I am sure that its members will be watching and listening to these proceedings, and I am sure that they will be very careful to ensure, when they set up the procedures, that there can be no accusations of any duplication or of people marking their own homework in the process. I hope that the safeguards I have set out will ensure that, but it is not for us to propose that in the Bill; it is for the board to do so as it undertakes the whole assessment and development of the procedure rules.

Anna Turley

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We are putting a huge amount into ensuring the quality and the expertise on the board that is setting up these rules. As I say, we have the legal expertise of the chief appeals officer and the professional standards officer. They will be reporting to Parliament in a whole range of ways, so we will be able to monitor the process throughout. The amendment would simply tie the hands of the procedure rules board. It is not for us to dictate how it undertakes the review process. It is important that it be independent of Government and be able to establish its own process, which will ultimately be accountable to Parliament.

It is also important to flag the equality and impartiality. There will be training, legal support, professional standards, decision quality oversight, internal review and onwards appeal rights, so there are a whole range of factors to ensure that the quality of adjudicators’ decisions is high. The chief appeals officer will oversee that. They will have to develop a quality assurance mechanism as well, and the professional standards officer will be setting and maintaining professional standards. We are putting a range of things in place to ensure the highest standards in the decision-making process.

On new clause 2, the shadow Minister asked about costs, about access and about when people will be able to have advice and representation during the process. We will ensure that all those who lodge an appeal to be heard in the new IIAA can access advice and representation, with access to legal aid where the eligibility tests are met. On the bail process, we are also ensuring that when we ask people to state whether they have advice and arrangements in place for representation, we encourage the uptake of suitably regulated advice and representation. That will help us to reduce delays, avoid disruption and provide fairness throughout the process.

I think I have answered most of the questions that hon. Members have raised, but if there are any further points that I have missed, I will come back to the Committee.

Anna Turley

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I appreciate what the hon. Member says, but as I say, it is not feasible for the Home Office or the Government to dictate in that way. I cannot give her that assurance, because we are setting up the body so that it can be independent and can set up its own rules, processes and procedures. It is really important that we allow it to undertake that, so I cannot put her recommendation explicitly in the Bill.

Question put, That the amendment be made.

Anna Turley

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I beg to move amendment 36, in clause 6, page 5, line 12, at end insert—

“(1A) The IIAA may undertake a review of a decision under this section only for the purposes of determining whether the decision contains an error of law.”

This amendment would mean that reviews under clause 6 may only be undertaken on the grounds of an error of law. Errors of fact may be dealt with under IIAA Procedure Rules made under paragraph 17 of Schedule 3.

Anna Turley

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Clause 6 provides the IIAA with the power to review its own decisions. This is an important safeguard in the new appeals system. It enables the IIAA, among other things, to identify and correct errors in its decisions without requiring parties to pursue an onward appeal to the upper tribunal. The review power supports the efficient administration of justice. It provides a mechanism for correcting errors at an earlier stage, which can reduce unnecessary litigation and ensure that cases are resolved more quickly where appropriate.

The clause reflects a common practice of decision-making bodies implementing a mechanism to review their own decisions. By enabling the IIAA to review its own decisions, the clause helps to promote fairness, accuracy and public confidence in the appeals system. The review power sits alongside the onward right of appeal to the upper tribunal provided by clause 7. Together, the provisions create a coherent framework through which decisions may be scrutinised and, where necessary, corrected. Clause 7 provides an important safeguard within the new appeals system by preserving a right of appeal from the IIAA to the upper tribunal on a point of law. A party will need permission from either the IIAA or the upper tribunal before an appeal can proceed, which should prevent the onward appeal route from becoming an opportunity to rehear the full case. That broadly mirrors the existing route from the first-tier tribunal to the upper tribunal, therefore maintaining continuity and legal accountability as cases transfer to the new authority. Where the upper tribunal finds an error of law, it will be able to remake the decision itself or remit the case to the IIAA for a fresh decision. The clause is necessary to ensure that the decisions of the new IIAA remain subject to judicial scrutiny at upper tribunal level. The upper tribunal will provide independent oversight of whether the law has been applied correctly.

Anna Turley

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I thank hon. Members for the constructive way they have approached the clauses and amendments. As I mentioned, the clauses are important to ensure that decisions can be reviewed either by the authority itself or by the upper tribunal where there are errors in law. The Government amendment in this group seeks to clarify this position and support it on the face of the Bill.

I will turn to a few of the questions raised. On the point of law and the question posed about whether a review power is necessary if there is already a right of appeal to the upper tribunal, the review power enables IIAA to correct errors directly without requiring parties to pursue what can be a longer and more resource-intensive appeals process. This can lead to quicker resolution of cases and reduce unnecessary onward appeals. On the supposition that this is just an additional layer of appeal: it is not. The clause provides the IIAA with the power to review its own decisions, as I said. It does not remove or replace the onward right of appeal to the tribunal. The review mechanism and the onward appeal route operate as part of the wider appeals process established by the Bill.

On the question whether an appeal is limited to a point of law, this measure reflects the existing onward appeal route from the first-tier tribunal. The IIAA will determine the merits of the case. The upper tribunal’s role is to consider whether the law was applied correctly rather than, as the hon. Member for Mid Bedfordshire mentioned, to provide a full rehearing. I think reference was made to why permission is required as well. Permission provides an appropriate filter so that we can ensure that appeals only within an arguable point of law proceed. We are keen to avoid unnecessary resource expenditure and delay in the finality of decisions. Permission may be sought from either the independent immigration appeals authority or the upper tribunal. Any further questions, particularly around costs, will continue to develop during the process and development of the policy, and I will continue to keep Members updated.

Amendment 36 agreed to.

Question put, That the clause, as amended, stand part of the Bill.

Anna Turley

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I thank Members again for their amendments in this group. I will turn to those amendments after explaining the drafting of clause 8.

Clause 8 enables the Secretary of State, following consultation with the authority—I have been using the word “authority” for brevity, so I hope that colleagues know I am referring to the IIAA—to set time limits for certain appeals, bail applications and procedural steps. The cohorts of appeals that may be expedited under clause 8 will be set out following consultation between the Home Secretary and the authority, but potential cohorts could include removable foreign national offenders, for whom the swift resolution of appeals and enforcement of deportation where appropriate is a long-standing Home Secretary priority, as set out in the Government’s “Restoring Order and Control” statement.

The purpose is simple: to support the timely resolution of cases. The clause will help to ensure that the appeals system is efficient, responsive and capable of delivering justice without unnecessary delay. Let me be absolutely clear: this clause does not affect the authority’s independence in deciding cases. It concerns the management of proceedings, not their outcome.

The Secretary of State must consult the authority before making regulations, and the authority retains the flexibility to allow additional time where the interests of justice or the practicalities of a case require it. This is a balanced and proportionate measure. It will improve efficiency and accountability while preserving fairness and access to justice. This clause is about timely justice—which, as other hon. Members have mentioned, is just as important for those undergoing the process as it is for the wider public—not rushed justice, and efficient case management, not ministerial control.

Amendment 89 would impose an arbitrary deadline for making the first regulations under clause 8. The clause is deliberately flexible, allowing time periods to be introduced where the evidence shows that particular cases should be prioritised. I appreciate the entreaties of the hon. Member for Mid Bedfordshire, but it is really important that we do not pre-empt the evidence, particularly during the authority’s early development. Further reporting requirements are also unnecessary. Clause 8 already requires the authority’s annual report to cover cases where time periods have been extended.

Amendment 83 would unnecessarily broaden the statutory consultation requirement. Stakeholder engagement is of course important, and it is something I believe in very strongly, but prescribing a lengthy list of consultees in the Bill could delay our ability to respond quickly where particular cases need to be prioritised. Clause 8 already requires the Secretary of State to consult the authority and, crucially, does not restrict wider engagement if needed, so there is an opportunity for that.

I would also like to make this point: for me, Parliament is the ultimate stakeholder, and the public are ultimately the people this Bill is for. Our constituents have lived experience of this process, so it is important that they have the ultimate say, and that is why the Home Secretary is accountable to Parliament in this process. It is Members of Parliament, who represent their constituents, who can ultimately represent that stakeholder, and it is crucial to remember that.

More broadly, the Bill already places clear duties on the authority, which must exercise its primary function with a view to ensuring that justice is done. It must aim to be accessible, fair and independent, and it must aim to handle its cases quickly and effectively. It is in everyone’s interests that cases are resolved swiftly.

Before I finish, I would like to respond to a couple more of the points that were made. On the point of the hon. Member for Brighton Pavilion about lived experience, we recognise the value of wider stakeholder engagement, but prescribing this lengthy list could delay action where particular cases need to be prioritised. We do not want to restrict the flexibility around that. As I have said, the Bill already requires the Secretary of State to consult with the authority before making regulations and, crucially, it does not restrict that wider engagement, which is so important.

The hon. Member for Mid Bedfordshire asked for details on the timeframes and the kinds of cases that the authority will prioritise, which will be set out in regulations in due course. The Government are clear that appeals may be prioritised where there is a strong public interest or compelling operational reason to do so. As I have already mentioned, that could include the cases of foreign national offenders, where we have a genuine need to protect the public, or individuals who are in detention. Any prioritisation will support the efficient operation of the appeals system while ensuring that we maintain fairness and justice. For those reasons, I respectfully ask for the amendments not to be pressed to a vote.

Anna Turley

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I beg to move amendment 37, in clause 9, page 7, line 21, at end insert—

“(7) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3 (exercise of power to grant immigration bail), in sub-paragraph (2), after paragraph (e) insert—

‘(eza) whether any proceedings before the IIAA relating to the person are being expedited pursuant to a request by the Secretary of State under section 9 of the Immigration and Asylum Act 2026,’.”

This amendment would mean that, in considering whether to grant immigration bail, the decision-maker must have regard to whether the applicant’s proceedings were being expedited pursuant to clause 9 of the Bill (as well as whether the late claims process applies: see clause 12(3)).

Anna Turley

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The clause allows the Secretary of State to request expedition of an appeal, bail application or procedural step within these proceedings where there is a public interest in securing a quicker resolution. This is an exceptional power for exceptional cases. It ensures that matters of particular importance can be brought to the attention of the IIAA for consideration of expedited treatment.

Let me be clear: this is a power to request expedition, not direct it. The IIAA decides whether a case should be accelerated and may refuse a request where expedition would not be reasonably practicable or would not be in the interests of justice. Nothing in the clause permits Ministers to influence the outcome of proceedings or diminishes the authority’s independence. Cases will continue to be determined impartially and on their merits. The clause is a balanced safeguard. It supports the timely resolution of cases, engaging public interest while preserving fairness and independence. The principle is simple: the Secretary of State may ask, but the authority decides.

Government amendment 37 seeks to ensure that the immigration bail provisions operate consistently with the Bill’s expedited proceedings framework. The Bill already requires regard to be had, when considering whether to grant immigration bail, to whether proceedings are subject to the late claims process under clause 12. The amendments make equivalent provision where proceedings before the authority relate to a person being expedited pursuant to a request by the Secretary of State under clause 9. Clause 9 applies where the Secretary of State considers that it would be in the public interest for proceedings to be expedited. It is therefore appropriate that cases proceeding under that expedited process are treated consistently with the cases subject to the late claims process.

Anna Turley

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I thank the hon. Member for his contribution to this debate and for tabling amendment 90. To reiterate, the Government amendment ensures that the immigration bail provisions operate consistently within the Bill’s expedited proceedings framework. The Bill already requires regard to be had, when considering whether to grant immigration bail, to whether proceedings are subject to the late claims process under clause 12. The amendment makes equivalent provision where proceedings before the authority relating to a person are being expedited pursuant to a request by the Secretary of State under clause 9.

Let us move to amendment 90. The clause is deliberately designed to deal with cases where the Secretary of State considers that expedition would be in the public interest. It allows those cases to be identified individually and an expedition request to be made to the IIAA. Amendment 90 would instead apply expedition automatically to a broad category of appeals, which is not the purpose of the clause. Where there is a case for setting time periods for a wider group of proceedings, clause 8 provides the appropriate mechanism.

That said, I think it is also important that we are not specifying a particular group in the Bill. Otherwise, potentially, we may need to amend legislation for every category of appeals that the Home Secretary wishes to expedite. It is really important that we maintain flexibility for the Secretary of State to respond to public opinion and to public safety in terms of the category of appeals that she would wish to be expedited.

Anna Turley

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I will give way first to the hon. Member for Mid Bedfordshire, then to my hon. Friend the Member for South Norfolk.

Anna Turley

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It is important that we maintain flexibility, as I said. The Bill provides distinct mechanisms for very broad categories of cases and for exceptional individual cases. We should retain that flexibility, so I am afraid that I disagree with the hon. Gentleman on limiting the approach of the Home Secretary in the Bill. Particularly, this is also about case-specific assessment. We want to allow the Home Secretary the opportunity to look at case-specific assessments, rather than being too defined.

Anna Turley

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My hon. Friend puts that perfectly, succinctly and clearly. I appreciate him saying that. This Government are absolutely clear that foreign national offenders with no right to remain should be removed as swiftly as the law allows. I have every anticipation—the Home Secretary has been clear—that in restoring order and control, they are exactly the kind of cohort that we have in mind. It is important, however, that clause 8 provides the appropriate mechanism for setting those time periods for groups of cases, clause 9 allows for individual cases to be expedited, and we continue to allow the Secretary of State to have that flexibility to respond to the public interest, rather than narrowing the measure to one specific cohort in the Bill.

Amendment 37 agreed to.

Amendment proposed: 90, in clause 9, page 7, line 21, at end insert—

“(7) The IIAA must expedite any appeal brought by a person who—

(a) is liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971, and

(b) has been convicted of an offence in the United Kingdom or elsewhere,

and subsection (3) applies in relation to such an appeal as if the Secretary of State had made an expedition request.”—(Blake Stephenson.)

This amendment would require the IIAA to expedite appeals brought by foreign criminals liable to deportation rather than leaving expedition to a discretionary request by the Home Secretary.

Question put, That the amendment be made.

Anna Turley

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The Independent Immigration Appeals Authority has a statutory objective to handle its cases quickly and efficiently. It cannot do that if it cannot enforce the requirements set out in its procedure rules. It is anticipated that the requirements on parties to proceedings will be set out clearly under the authority’s procedure rules.

Clause 10 provides the authority with a lever to set tangible consequences for non-compliance by enabling it to charge a party to proceedings, among others, who has acted “improperly, unreasonably or negligently,” and whose actions have caused the authority’s resources to be wasted. That is intended to disincentivise tactical delay. The charge will be payable to the authority, rather than an order to pay costs to another party. It will be for the authority to determine what meets the threshold for a charge according to the circumstances of the case, and the detailed operation of the power should be set out in the authority’s procedure rules. Any moneys the authority receives under the power will be paid into the consolidated fund.

Government new clause 1 will enable a party or the authority to seek enforcement, as if the decision of the authority were that of the relevant court. That will simplify the process of recovering funds and will bring the authority in line with existing provisions in the Tribunals, Courts and Enforcement Act 2007.

Anna Turley

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I thank the hon. Gentleman for his contribution. Government new clause 1 ensures there is a mechanism for the enforcement of cost orders between parties to proceedings in the authority, in addition to charges made by the authority under its powers in clause 10. The clause allows the authority to charge a participant in proceedings where it considers that they have acted improperly, unreasonably or negligently, and that that has resulted in the authority’s resources being wasted. Schedule 3 provides for the authority to make rules in relation to cost orders, whereby the authority may order costs to be paid between parties as a result of any party acting improperly, unreasonably or negligently. In answer to the hon. Gentleman’s question about whether the Home Office is accountable, yes, we will be.

The new clause enables a party or the authority to seek enforcement as if the decision of the authority were that of the relevant court. When enforcement of a sum is pursued following the authority’s decision, that decision is to be treated as a registrable judgment in the relevant jurisdiction—in this case England and Wales, and Northern Ireland. This simplifies the process of pursuing sums payable under the authority’s decision. It is broadly in line with equivalent provisions in the Tribunals, Courts and Enforcement Act 2007, which enable tribunal costs to be enforced.

The hon. Gentleman made a few points about fairness and the ability to recoup the money. It is anticipated that the authority will take into account the circumstances of the case and the person’s ability to pay when deciding whether to impose a charge. Where there are genuine reasons for delay, for example, it is unlikely that those actions will meet the threshold for a charge. The value of the charge will, rightly, be set through the authority under its procedure rules. It will need to strike a balance between being proportionate and fair, and deterring tactical delay of the process. There will be appropriate parliamentary scrutiny of the charging power through the procedure rules, which will be subject to the negative procedure. We heard earlier a challenge to the use of the negative procedure, but the current tribunal rules are decided through that procedure, so there is no difference in the process.

The hon. Gentleman also mentioned enforcement. The new clause provides that a sum payable under an order of the authority is enforceable as if it were payable under an order of the relevant court. That means the person to whom the money is owed as a result of a decision of the authority can rely on the court processes for the enforcement of that sum.

Question put, That the clause stand part of the Bill.

Anna Turley

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As the hon. Gentleman set out, we have an issue in our system in this country with late claims that are made in detention just prior to planned removal, which inevitably require release or lead to bail, as there is no mechanism for dealing with the appeals in an expedited way. That leads to a significant degree of gaming the system and compromises removals performance.

On the late claims process, a single fast appeal process, which we are setting out here, will apply to late claims—those made after the expiry of the new claim notice. Individuals must submit all relevant information up front. Failure to do so, unless justified, will damage their credibility and result in expedited handling, which will be relevant to maintaining their detention until removal. Late disclosure of modern slavery information may similarly damage credibility unless justified.

Receiving information at the earliest opportunity helps to ensure that cases are considered on the fullest possible picture, enabling timely and better-informed decision making. Clause 11 seeks to deliver that through a new claim notice, which may be issued to individuals to inform them of the need to submit any immigration claim or modern slavery information they have to the Home Office at the earliest opportunity. Where modern slavery issues are raised, that will help support early identification of needs.

Clause 11 works in conjunction with clause 12 to ensure that individuals are informed that failing to submit an immigration claim following receipt of the notice, only to make a claim from immigration detention or after being served notice of departure details, will leave them subject to an expedited late claims process and may have negative implications for their credibility. For modern slavery purposes, the notice will advise recipients that failure to provide modern slavery information only to do so after the claim notice deadline will be taken into consideration, under clause 36, as damaging the credibility of their account by decision makers assessing whether they are a victim of trafficking, unless there are “good reasons” for the delay. Clause 11 is intended to encourage early disclosure of immigration or modern slavery information and remove any perceived advantage of delayed disclosure.

Clause 12 sets out that anyone who receives a claim notice, as set out in clause 11, but makes a claim or provides information only after the deadline given in the notice when they are either in immigration detention or have received notice of their departure details from the UK will enter the expedited late claims process. It also states that, as far as is reasonably practicable, the authority will hear any appeal against such a late claim as a priority above all other claim types. The provision supports earlier disclosure of claims and enables more efficient and expedited determination of late claims. The swift timescales associated with the late claims process will support the maintenance in immigration detention, and subsequent removal from the UK, of these individuals.

Anna Turley

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The clause sets out the extension of the remit of the independent chief inspector of borders and immigration so that they may inspect and report on the authority’s performance. That will allow them to examine the authority’s efficiency, effectiveness and consistency, as well as wider operational matters.

Independent scrutiny is an important safeguard. It will support transparency and accountability and help maintain public confidence in the new appeals system. The clause preserves the authority’s independence. The inspector will not be able to reconsider, overturn or otherwise interfere with the outcome of any individual appeal. The inspector’s role will be to identify systemic issues and opportunities for improvement, rather than to provide an additional route of challenge for individual appellants.

Inspection reports will be handled through the existing statutory framework, including the provision for reports to be sent to the authority and the Secretary of State, and for the Secretary of State to lay them before Parliament. The clause therefore strikes the right balance between robust independent oversight and the protection of independent decision making.

Amendment 92 would require the independent chief inspector’s report on the IIAA to include the proportion of authority decisions set aside by the upper tribunal and the number of people removed following the dismissal of an appeal. I thank the hon. Member for Mid Bedfordshire for tabling it. The Government agree that the authority must be subject to effective and transparent scrutiny, which is precisely why clause 13 extends the remit of the independent chief inspector to cover the authority’s performance. However, it would not be appropriate to prescribe those particular measures on the face of the Bill. The chief inspector will already be able to examine the authority’s efficiency and the effectiveness of its processes. Their role is to monitor the processes, not the outcomes.

The number of decisions set aside by the upper tribunal cannot by itself provide a complete assessment of the overall quality of the authority’s decision making, and nor will the number of removals following dismissed appeals provide a direct measure of the authority’s performance. The amendment would therefore risk holding the independent chief inspector, and indirectly the authority, to account for outcomes not wholly within the authority’s control. The chief inspector already has an established role in inspecting the immigration system, and clause 13 enables them to assess, as they consider appropriate, the efficiency and effectiveness of the authority and how it is delivering against its objectives. For those reasons, the Government cannot accept the amendment, and I invite the hon. Gentleman to withdraw it.

New clause 28 relates to publishing information on the operation and performance of the authority. The Bill already contains a comprehensive framework for accountability and transparency of the authority. First, paragraph 11 of schedule 2 requires the authority to prepare an annual report on the exercise of its functions, which must be laid before Parliament. That will ensure regular parliamentary scrutiny of the performance and operation of the new body. Secondly, the clause provides independent inspection of the performance of the authority’s functions. The purpose of that is to provide additional external reporting on the IIAA’s efficiency and effectiveness. It is unnecessary to prescribe a detailed list of operational metrics in the Bill.

Anna Turley

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The hon. Lady makes an important point. Again, that is not something that is prescribed in the Bill. As we establish this, it will be important to have a look at whether that ought to be a key principle. I cannot make the commitment at the moment, but it is important that we reflect on that as the authority is established.

As I said, it is unnecessary to prescribe a detailed list of operational metrics. Precise reporting arrangements should be a matter for the authority once operational. Mandating specific requirements in primary legislation would reduce flexibility and constrain the authority’s ability to adapt its reporting arrangements as it becomes established. That will be an operational matter for the authority as it is set up, and should not be prescribed in the Bill. The Government therefore do not accept the amendment or new clause 28.

More broadly, I appreciate that there is a wider point, separate to the context of the Bill, about data and statistics. The Ministry of Justice publishes quarterly statistics that include information on receipts and outcomes. The Home Office immigration system statistics quarterly release covers data on a range of topics, including claims, outcomes and nationality. The full set of official statistics published by those Departments is kept under review in line with the code of practice for statistics. I think that is a conversation that we could have another day, but it is important that we do not accept amendments that seek to require the inspector to focus on what is not in his remit.

Anna Turley

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Clause 14 addresses the dual-running process between the authority and the first-tier tribunal. It gives a power to the Secretary of State or the Lord Chancellor to, among other things, transfer property, rights, liabilities or staff used by the first-tier tribunal from the Secretary of State to the authority. This provision allows for operational flexibility and makes for a smoother transition in case it is later decided that assets or property should transfer to the authority.

Clause 15 provides an essential safeguard during implementation of the authority. Its principal purpose is to protect continuity. Before part 1 is fully in force, clause 15 provides for specified descriptions of cases that would be decided by the authority to be transferred to the first-tier tribunal. This could prove necessary in case of a significant disruption affecting the authority’s operation—for example, to manage unpredictable spikes in demand in the implementation period when the authority is not yet fully formed.

The clause may also be used to correct the rare occurrence in which a case needs to be moved to another body. This ensures that cases are heard by the appropriate forum without avoidable procedural complexity. This is not a power to influence individual decisions, avoid judicial scrutiny or alter appeal rights. Appeals will continue to be determined independently and in accordance with the law. Clause 15 simply provides the resilience and flexibility needed to keep cases moving and correct exceptional allocation discrepancies.

Clause 16 provides the Secretary of State with the power to make provision that is consequential on part 1 of the Bill, which establishes the authority. The clause ensures that the wider statute book can operate properly when functions transfer from the first-tier tribunal to the IIAA. It provides that the authority is generally to be treated as a tribunal where legislation applies to tribunals. However, not every provision applying to tribunals will necessarily be suitable for the authority. The clause therefore enables regulations to modify how individual provisions apply, or to disapply them where appropriate. The clause may be used to amend, repeal or revoke provision made by primary legislation that has been passed before the Bill receives Royal Assent, or passed later in the same parliamentary Session.

Government amendment 43 provides the Lord Chancellor with limited and backstop powers to make amendments to the tribunal procedure rules in connection with regulations made to transfer cases between the authority and the existing first-tier tribunal. Tribunal procedure rules will continue to be made by the independent Tribunal Procedure Committee in the usual way in all other circumstances, and in connection with the transition to the new appeals structure where time allows. However, during the transition there may be exceptional circumstances requiring urgent practice and procedural changes to be followed in the first-tier and upper tribunals that cannot be accommodated through the usual rule-making process. This amendment provides an important safeguard to ensure that tribunal procedure adequately supports the transfer of cases and that proceedings are not delayed should such circumstances arise.

Anna Turley

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I thank the hon. Gentleman for his response, his questions and his challenges. Amendment 93 proposes that the authority should be able to transfer cases back to the first-tier tribunal only for a maximum of three years after clause 1 comes into force. If the amendment were to be accepted, it would reduce the flexibility within the overall appeals system to reduce the appeals backlog while simultaneously determining new appeals. I am afraid we are not able to set an arbitrary target of that kind, although I am sure that, given that we are bringing this Bill forward, the hon. Gentleman will understand our sense of urgency behind this transition. He need be in no doubt about the urgency with which we want to make this transition.

The length of time that the FTT IAC—even more acronyms—and the authority will need to run concurrently to ensure optimal efficiency in the overall appeals system will depend on a number of operational matters when the authority is established as a new statutory body corporate. Therefore, legislating for an arbitrary cut-off point of three years is unhelpful, and may result in appeals taking longer than necessary to be determined. We need to be flexible and responsive, which the current drafting of the Bill allows us to do.

Government amendment 43 provides the Lord Chancellor with limited and backstop powers to make amendments to the tribunal procedure rules in connection with regulations made to transfer cases between the Independent Immigration Appeals Authority and the existing first-tier tribunal. The hon. Member for Mid Bedfordshire challenged me as to why that cannot be done by the Secretary of State. It is not appropriate for the Home Secretary to lead on that; the Lord Chancellor doing so is obviously more appropriate.

Tribunal procedure rules will continue to be made by the independent Tribunal Procedure Committee in the usual way in all other circumstances, and in connection with the transition to new appeals structure where time allows. However, during the transition there may be exceptional circumstances requiring urgent practice and procedural changes to be followed in the first-tier and upper tribunals that cannot be accommodated through the normal rule-making process. This amendment provides an important safeguard to ensure that tribunal procedure adequately supports the transfer of cases and that proceedings are not delayed should such circumstances arise.

More importantly, the power is tightly constrained and can be exercised only in connection with regulations made under clause 15, which provides that regulations can be made to transfer cases from the authority back to the first-tier tribunal, and clause 52, which provides for commencement regulations. The power is intended to be used only where urgent rule changes that cannot be taken forward in the usual process are required.

Given that the power to make rules is otherwise exercised by the Tribunal Procedure Committee, the Lord Chancellor must consult the Senior President of Tribunals before exercising it. The power is appropriately constrained and subject to parliamentary scrutiny. Regulations that amend, repeal or revoke primary legislation, as defined, must be approved by both Houses through the affirmative procedure. Other regulations made under the clause will be subject to the negative procedure.

In response to the question of the hon. Member for Mid Bedfordshire about which cases will transfer, clause 52 makes provision for the commencement regulations, including setting out which cases will transition and when. On his questions about cost and implementation, as I have said, detailed plans for the authority, including the costs, are being developed, and work is continuing across the Home Office, the Ministry of Justice and His Majesty’s Courts and Tribunals Service to refine the authority costs and establish comparable, current costs for the first-tier tribunal immigration and asylum chamber. There are not yet agreed or publishable figures for either comparison, as programme costs, affordability and benefits will be developed through the business case.

The hon. Gentleman also asked when the authority will start to make decisions, and when it will take all new appeals. The authority will be introduced through a phased transition, with the FTT IAC continuing to hear existing appeals in parallel while the new authority begins taking specified cohorts of new cases. We know that the current system is taking too long to deliver decisions, so the Bill creates a more scalable appeals system with greater capacity and faster processes, while retaining independent scrutiny and fairness.

Anna Turley

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Could the hon. Gentleman say where he got that figure from?

Anna Turley

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I thank the hon. Gentleman for that. I do not recognise that figure, but of course, the Government want to make sure that we are fully aware of the figures. As was detailed at the start of the Committee’s consideration, the Government know that there are a huge number of appeals in the backlog. As the authority is developed and starts to come into force, the transition will be made. I am afraid that I cannot give the hon. Gentleman any projections, as I would not want to mislead the Committee with any numbers or predictions we could make at this stage.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Power to specify cases to be heard by First-tier Tribunal instead of IIAA

Amendment made: 43, in clause 15, page 13, line 2, at end insert—

“(4) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedural Rules in connection with regulations made by the Secretary of State under this section.

(5) Before making rules under subsection (4), the Lord Chancellor must consult the Senior President of Tribunals.

(6) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.”—(Anna Turley.)

This amendment would give the Lord Chancellor the power to amend Tribunal Procedure Rules in connection with regulations under clause 15 transferring cases back to the First-Tier Tribunal from the IIAA. (See also amendment 46.)

Clause 15, as amended, ordered to stand part of the Bill.

Clause 16 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned.—(Jade Botterill.)

The Minister for Border Security and Asylum (Anna Turley)

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I beg to move amendment 130, in clause 17, page 13, line 30, leave out from “claim’” to “, at” in line 32.

This amendment and amendment 131 are consequential on the repeal of section 12 of the Immigration and Asylum Act 2006 (which was never commenced) by the Schedule inserted by NS1.

Anna Turley

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It is good to see you again this morning, Mr Stuart, and good morning to all colleagues. We start our debate by moving on to part 2 of the Bill, which relates to article 8 of the European convention on human rights. Article 8, the right to a family life, is an important protection, but it is a qualified right. That means that it can be balanced against a public interest—such as the safety of the community or the security of our borders—where that outweighs an individual’s personal rights. We will not step away from our belief that the right to family and private life must be respected and upheld. However, we have been clear that we must strike the right balance between the rights of the individual and fairness to the UK public, and, crucially, bear down on abuse of the system.

As set out in our impact assessment, each main applicant granted first time on article 8 grounds carries an estimated lifetime cost to the taxpayer of about £141,000, equating to approximately £4.9 billion for those granted in 2025 alone. Home Office analysis suggests that 71% of first-time grants on the basis of article 8 were to individuals who had entered illegally and/or overstayed. If the same applied to the estimated 42,000 first-time grants in 2025, this would mean that 30,000 overstayers and illegal entrants would have been allowed to stay last year on the basis of article 8. Between 1 April 2016 and November 2021, of 1,011 foreign national offender deportation appeals allowed on human rights grounds, 70% were solely on article 8 grounds. And with 77,000 applications granted on article 8 grounds last year, this is having a significant effect on our ability to enforce our immigration laws.

Therefore, in this Bill, we are changing how article 8 is applied in the UK immigration system, to restore public confidence and ensure that the UK application of rights is in line with the Strasbourg court. The application of article 8 will be tightened to prevent misuse of the system and ensure that the public interest in maintaining effective immigration control carries proper weight in immigration decisions. As my right hon. Friend the Home Secretary has made clear, the abuse of human rights law does not just erode the public’s support for our immigration system; it erodes their support for the very idea of having such laws at all. For those who believe that those laws matter, it is essential that we reform them to end their abuse. The reforms will put more emphasis on compliance with our rules and contribution to our economy and to our society.

Clause 17 aims to bring greater clarity and control to entry clearance applications that engage article 8, protecting genuine family relationships while preventing weak or tenuous claims from undermining public confidence. Taken with the reforms in clauses 18 and 19, which we will come to in forthcoming groups and which tighten key elements of the article 8 assessment, it strengthens our ability to enforce the immigration rules and create a fairer, more controlled system.

The clause amends the definition of a human rights claim in the Nationality, Immigration and Asylum Act 2002 to create a “sponsor human rights claim”. This will lay the foundations to allow UK-based sponsors to make an entry clearance application for an overseas family member to join them in the UK if the application relies on the sponsor’s article 8 right to family life. It will also enable the sponsor to appeal to the immigration tribunal if the Home Office refuses their application. I want to be very clear that only individuals with a specified status, including British citizens and those with other lawful residence, will be able to make a sponsor human rights claim. They need to establish a genuine family life claim and show that refusal would disproportionately interfere with their article 8 rights. These reforms do not create a new migration route or entitlement to come to the UK. They simply ensure a correct process that is based on the UK sponsor, not the family abroad.

The clause will affect sponsors who wish to rely on article 8 family life because their family member does not meet the entry clearance requirement under the family routes and immigration rules. Enabling the UK-based sponsor to apply will focus attention on the circumstances and article 8 rights of the sponsor, rather than the overseas family member. This reflects the established legal position that it is the sponsor who is within the UK jurisdiction for the purposes of article 8 decision making. The focus on the rights of the UK sponsor is intended to reduce expansive interpretation of where article 8 rights are found to exist, and to prevent article 8 becoming a route for those with tenuous family links to the UK.

Too often, the focus can be on the circumstances of the applicants abroad, whereas the main legal question should be whether there is a disproportionate interference with the family life of the UK-based sponsor.

Anna Turley

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I thank my hon. Friend for asking a really important question, because it is right that we clarify this matter. The clause does not make it easier for overseas family members to enter the UK. Sponsors will still need to meet a very high threshold to argue successfully that it would be a breach of their article 8 rights if the Home Office refused their family member entry to the UK. Strict requirements for the procedure sponsors must follow to make an application, which will be set out in the immigration rules.

The focus on the rights of the UK sponsor is intended to reduce expansive interpretation of where article 8 rights are found to exist, and to prevent article 8 from becoming a route for those with tenuous family links to the UK. Too often, the focus can be on the circumstances of the applicants abroad, whereas the main legal question should be whether there is a disproportionate influence on the family life of the UK-based sponsor.

Anna Turley

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The hon. Member makes a really important point. That is why we are trying to narrow the definition to those who are here in the UK, because for far too long it has been on the basis of a very tenuous link that family members can put in a claim from abroad to come to the UK. This measure narrows that definition while still ensuring that we maintain our obligations under article 8 rights.

The recent Court of Appeal judgment in IA and others v. Secretary of State for the Home Department provided helpful clarification around the correct tests to determine where article 8 family life exists, especially between extended family members. However, the judgment addressed an issue with article 8 family life being applied to a broader set of circumstances and relationships, which risked undermining our systems and rules. Despite these helpful findings, there remains a risk of inconsistent decision making, where the primary focus is not on the article 8 rights of the family member in the UK—the person within the UK’s jurisdiction according to ECHR case law.

The clause will add greater weight to the findings of the Court of Appeal and bring more clarity to decision making for entry clearance cases that engage article 8 family life. In IA, the Court of Appeal also reaffirmed the importance of the Government’s immigration policy when striking the right balance between an individual’s rights and the public interest.

In combination with the reforms in clauses 18 and 19, clause 17 makes it clear where the Government’s policy position lies in relation to the application of article 8 and where the Government expect the rules to be enforced. This will create a clearer, fairer and more controlled system. Details of the application process, including forms and evidential requirements, will be set out in immigration rules and supporting guidance.

Given the complexity of the clause, I will give Members an overview of each subsection. Subsection (1) creates a “sponsor human rights claim” in law by adding to the existing definition of a human rights claim at section 113 of the Nationality, Immigration and Asylum Act 2002. This has the effect of permitting a UK-based sponsor to appeal against a decision to refuse a human rights claim for their overseas family member. That is the starting point for future changes to the rules, forms and guidance.

Subsection (2) explains that further amendments are required to the 2002 Act for the clause to operate properly. Those changes are set out in subsections (3) to (7). Subsection (3) makes changes so that a sponsor human rights claim cannot be deemed inadmissible or not suitable to be considered, which is necessary because reforms in the clause mean that the UK sponsor is the applicant, not the overseas individual requiring entry clearance. As I will cover in relation to amendment 95, it would be inappropriate simply to refuse to consider a human rights claim because the UK sponsor is a national of a safe country. Such safeguards are designed to prevent improper protection claims from nationals of those countries.

Subsection (4) makes further changes linked to the fact that the clause makes the sponsor the applicant, not the person overseas. In effect, at appeal, the courts will hear all matters relating to the family member seeking entry to the UK and not include any immigration matters related to the sponsor. Subsection (5) creates an exception so that sponsor human rights claims do not need to have their appeals considered within the timeframe set out in the statute. That is because an individual will not be able to act as a sponsor if they are liable to deportation action.

Subsection (6) prevents a sponsor human rights claim being certified and denied an appeal simply because the UK-based sponsor is entitled to live in a safe state, primarily European countries. That would not be a fair application of the power where a right to family life was being relied on. The clause does not prevent a claim being refused and denied an appeal where the matters under consideration are clearly unfounded, for example because the relationship was a sham. Subsection (7) ensures that sponsor human rights appeals are not treated as abandoned or cancelled because the UK sponsor holds permission to be in the UK. Instead, an appeal is abandoned if the overseas family member is granted leave to enter or remain in the UK.

Anna Turley

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My hon. Friend makes an important point. Basically, anyone who is a British citizen will be eligible to become a sponsor, I believe. Forgive me, I did not want to mislead her by getting the wrong answer, but yes, I was right: individuals with specified status in the UK, including British citizens, settled persons and those with certain other lawful residence will be able to make a sponsor human rights claim. They will need to establish a genuine family life claim—we will talk about that in more detail in the following clauses—and show that refusal would disproportionately interfere with their article 8 rights. As I said, the reforms do not create a new migration route or entitlement; they simply ensure that human rights claims for those who are settled British citizens, settled persons and those with residence here are raised and considered through the correct process.

I thank the hon. Member for Mid Bedfordshire for tabling amendment 94. It would enable the Home Office to designate a place only when a sponsor human rights claim can be made via statutory instrument subject to the affirmative procedure. The Bill does not require the definition of a designated place to be the subject of regulations, as there are currently no plans to specify the geographical place from where such claims can be made. The focus of article 8 is on whether the individual in the UK making a sponsorship claim has a strong enough claim, not where the family is based. That is because a UK-based sponsor will be expected to make their claim through a paid-for online application. We will use the immigration rules to specify the procedures that applicants must follow to make a sponsor human rights claim. That will allow us to go into the necessary level of technical detail, while retaining flexibility to make changes as we implement the new application process.

Anna Turley

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My hon. Friend gets to the exact heart of what we are doing with this legislation. Through the build-up of the legal framework, we have been guilty of over-interpreting Strasbourg law. By codifying what we are doing, through this Bill, we are ensuring that we are not going over and above that but are simply complying with our international obligations.

Anna Turley

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That is an important point. I will be delighted to provide more evidence as we go through due process. We must make sure that they are proportionate and do not push people into poverty, but it is important that we are charging people a fee where they are bringing family members to this country under article 8. For the reasons I have set out, the Government do not support the amendment.

Amendment 112 would require the Home Office to carry out safeguarding checks on individuals who make a sponsor human rights claim and that any information uncovered in these checks is considered when the Home Office determines that claim. I thank the hon. Member for Rutland and Stamford (Alicia Kearns) for raising the importance of safeguarding vulnerable migrants, particularly children and victims of domestic abuse, in this amendment. It is a really important issue and one that will be fully considered in the design and implementation of the application process for sponsor human rights claims. As clause 17 simply paves the way for changing how an entry clearance application relying on article 8 family life can be made, we do not believe this level of detail is required in the primary legislation.

The immigration rules already contain safeguards to protect children coming to the UK to join family members who could put them at risk of harm. However, we will fully consider if additional safeguarding requirements are necessary as we develop the procedural requirements for sponsor human rights claims in the immigration rules, because an important point is made through amendment 112. This is a safeguarding proposal that we would support in principle when the application process is designed. I hope that hon. Members are reassured that our support for the principle is on the record through this Committee.