(10 months, 2 weeks ago)
Commons ChamberI will give way in a moment. When we come to those individuals who are subject to the strictures of the Illegal Migration Act, the Government’s contention is that the serious and irreversible harm test is a very high one. I do not think that is right. The Supreme Court’s judgment lowers the bar. The revealed preference of the judiciary is to be generous towards illegal migrants and to make the scheme difficult to operationalise. As this is the last legislative opportunity for us to tackle the issue, I suggest we get it right and narrow the opportunities for the judiciary to intervene, or else we are going to find that these flights are symbolic flights, with very few individuals on them at all.