Immigration and Asylum Bill (Fifth sitting)

Debate between Ben Goldsborough and Anna Turley

Committee stage
Thursday 15th October 2026 Public Bill Committees

[Anna Turley]

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.

[Ben Goldsborough (South Norfolk) (Lab)]

What is interesting about the subsections that the Minister has gone through is that one of the huge problems we face is the judicialisation of British law, where we see interpretation because the law has been too loose. Will she explain how the steps that we are taking will rein those powers back into the sovereignty of Parliament, so that we have more control and can represent our constituents on the issues that they care about the most?

[Anna Turley]

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.

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[Anna Turley]

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.

[Ben Goldsborough]

I would be keen to hear the Minister expand on the issue of safeguarding particularly for victims of domestic abuse and domestic violence. Can she expand on the action the Government will be taking to protect people from that heinous crime?

[Anna Turley]

Absolutely. We will of course come on to talk about modern slavery and so on later in the Bill. Protection for vulnerable people is at the heart of what this Bill is about.

Where a UK-based sponsor is young or vulnerable and unable to complete an application, they can give permission to someone else to enter their details, but for those who are vulnerable overseas, existing safeguarding measures are already in place to identify any indicators of coercion, exploitation or trafficking. We will of course consider how these measures can be further strengthened to enhance the identification and management of risk, but our approach ensures that vulnerable individuals are protected while maintaining the integrity of the system, through ensuring the rights of UK-based sponsors are the focus of entry clearance decisions that engage article 8.

We feel that a blanket rule to prevent individuals who have been convicted of these criminal behaviours would not be compatible with the EHCR, which necessitates an individualised assessment, but we are keen to make sure that safeguarding requirements are done through the immigration rules to protect anyone at risk of domestic abuse from their sponsor.

Immigration and Asylum Bill (Third sitting)

Debate between Ben Goldsborough and Anna Turley

Committee stage
Tuesday 13th October 2026 Public Bill Committees

[Anna Turley]

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.

[Ben Goldsborough (South Norfolk) (Lab)]

It is important to consider this—and this is why we must reject the Opposition’s approach—in the same way that we consider the police. We must ensure that the public interest covers a wide range of things; if we said it only concerned crime, we would end up in a situation where our police were not protecting individuals or running an effective constabulary in their area and were, in effect, letting down the rest of the country. Does the Minister agree?

[Anna Turley]

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.

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[Anna Turley]

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.

[Ben Goldsborough]

One of the main arguments that the Opposition spokesperson put forward was that the system would be too slow under the Bill. However, one key thing that was not mentioned was clause 9(4), which gives the Secretary of State the ability to expedite individual cases. Is it not the case that the Bill as drafted protects the individual’s legal right while also making sure that, when there are grotesque crimes against this country, we can expedite to give people the certainty they need that the system is fair and swift?

[Anna Turley]

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.

Immigration and Asylum Bill (Fourth sitting)

Debate between Ben Goldsborough and Anna Turley

Committee stage
Tuesday 13th October 2026 Public Bill Committees

[Ben Goldsborough (South Norfolk) (Lab)]

rose—

[Anna Turley]

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

[Anna Turley]

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.

[Ben Goldsborough]

Does the Minister agree that the problem with amendment 90 is that if we expedite everything, we expedite nothing? Having the clause as drafted—making this a precise move taken by the Secretary of State—ensures that those cases that our constituents know need to be expedited, will be. The broadbrush approach proposed by the Opposition would fail that completely.

[Anna Turley]

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.