Immigration and Asylum Bill (Seventh sitting)

David Smith Excerpts

Tuesday 20th October 2026 Public Bill Committees

[Anna Turley]

I appreciate the point that the hon. Gentleman is trying to make, but it is important for cases to be considered on a case-by-case basis. We can be as specific as possible, but the reality is that courts and tribunals have to maintain the flexibility to determine cases based on the individual facts and circumstances before them. It is important that our drafting enables that.

[David Smith (North Northumberland) (Lab)]

rose—

[Blake Stephenson]

rose—

--- Later in debate ---

[Anna Turley]

I appreciate the point that the hon. Gentleman is trying to make, but we absolutely cannot bind the courts’ hands in this situation. The reality is that they have to be flexible. We can set a very clear steer—that is on the record, in the Bill and in legislation—but it is important that we allow the courts flexibility, because their role is to establish the facts, case by case.

[David Smith]

I was going to make the same point that the Minister has just made to some degree. It seems to me that the key terminology in the clause is “no weight”. Can she say more about what that will mean in practise?

[Anna Turley]

As my hon. Friend rightly flags, “no weight” is the starting point for the weight that should be given to a person’s private or family life established in the time that they were in the UK without permission. That is a clear definition for the court. Applying the “no weight” rule to all breaches of leave could mean minor or technical breaches leave cases open to challenges of disproportionality.

Amendment 106 is in a similar vein. Although we agree that non-compliance must have consequences, it is appropriate that we distinguish between serious breaches and less significant or technical non-compliance, because we always have to have proportionality. Removing “serious” would considerably widen the provision and could require the same approach to be taken to conduct of very different gravity. The Government’s reforms already substantially strengthen the public interest side of the article 8 balancing exercise. The inclusion of “serious” helps to ensure that the reforms are focused on the cases of greatest concern.