A controversial new plan to reform the asylum system has been set out by Home Secretary Shabana Mahmood. Here are its main points, and their chances of success:
DITCH ALL THE IMMIGRATION JUDGES
The existing asylum appeals system will be scrapped.
In a clear sign that ministers have tired of ‘activist judges’, the immigration and asylum tribunal will be replaced with a new body controlled by the Home Office.
Independent ‘adjudicators’ will scrutinise appeals instead of judges. This new system will replace the lower tribunal, which hears initial appeals, and possibly the next ‘upper tier’ as well.
For the first time the Home Office will have control over which appeals are prioritised.
This proposal is likely to be highly controversial with Labour backbenchers and the legal establishment, who will back judges remaining in charge.
But it is unclear how successful it will be in cutting out abuse of human rights laws, particularly the ‘right to private and family life’ under Article 8 of the European Convention on Human Rights. The reforms may leave other avenues of appeal open, such as judicial review.
Impact rating: 3/5
Home Secretary Shabana Mahmood unveils her plans to reform the asylum system in the House of Commons on Monday
CHANGE THE DEPORTATION RULES
Prime Minister Sir Keir Starmer and his Attorney General Lord Hermer – both former human rights lawyers – have vowed Britain will never leave the ECHR.
As a result, Ms Mahmood can attempt only minor reforms.
Article 8 claims – in which foreign nationals argue it would be unfair to split them from relatives – will face a stronger ‘public interest test’, which will allow wider issues such as ‘stretched public services’ and ‘economic prosperity’ to be taken into account.
Labour’s new package also said the definition of ‘family’ will be revised, so it ‘should not normally go beyond immediate family members’. Both proposals are likely to lead to legal challenges.
Crucially, previous attempts to restrict the scope of ‘family life’ claims have failed.
Ms Mahmood has also said she wants to narrow the scope of another part of the ECHR.
Article 3, barring torture and inhuman or degrading treatment, has been interpreted very widely by the courts. But Ms Mahmood’s plan weakly proposes opening discussions with the Council of Europe, which oversees the ECHR, to secure reforms.
Even if she secures agreement, this would take years. The bottom line is that Britain will remain in the ECHR, which is at the root of all the problems.
Impact rating: 1/5
MORE DEPORTATIONS
The Home Secretary pledged to scale up deportations.
In a departure from existing policy which is likely to rile Left–wing Labour backbenchers, failed asylum seekers with families will be removed. The paper said existing ‘hesitancy’ over deporting families had created ‘particularly perverse incentives’.
‘Once in the UK, asylum seekers are able to exploit the fact that they have had children and put down roots in order to thwart removal, even if their claim has been legally refused,’ it said.
The Home Office revealed that 700 Albanian families have avoided removal in this way, even though their country has been highly co–operative with the Home Office.
Under the new measures, families will initially be offered ‘financial support’ to leave but if they refuse to comply the Home Office will ‘escalate to an enforced return’. Again, the proposals are likely to be challenged in the courts. Countries which fail to take back their citizens from Britain will be penalised, with reduced access to visas.
A shortage of space in immigration detention centres will pose a problem, however.
Two refurbished centres first announced in 2022 are still not open, demonstrating the Home Office’s glacial progress in this area.
Impact rating: 2/5
Some 111,800 people have claimed asylum in the UK this year – 39 per cent of whom arrived in a small boat
EXTRA CASH INCENTIVES
Failed asylum seekers will be offered more cash to voluntarily depart from Britain.
The Home Office will begin ‘trialling increased incentive payments’ to encourage migrants to leave. An existing scheme already offers migrants up to £3,000 to go home.
It opens the prospect of migrants being handed thousands more in taxpayers’ money to leave voluntarily. It will be contentious – but could save money in the long run.
Impact rating: 3/5
LIMITING ASYLUM SEEKERS’ RIGHTS
Successful asylum seekers would be granted 30 months here, and then their case would be reassessed by the Home Office.
If the situation in their home nation has improved they would be refused a further stay in Britain and sent home, Ms Mahmood suggested. Additionally they would have to be employed and have no criminal record.
These seem like sensible changes, but they would be useless if Ms Mahmood’s Article 8 reforms crumble in the courts.
Someone allowed to stay on humanitarian grounds will establish a life here which could then form grounds to overturn a later bid to remove them.
Impact rating: 2/5
CUT ASYLUM HANDOUTS
Asylum seekers currently receive taxpayer–funded housing and living allowances if they would otherwise be destitute. Ms Mahmood said this will end. Support will be given only on a ‘discretionary’ basis, with those who are able to work expected to support themselves.
However, in 2002 David Blunkett brought in similar laws when he was home secretary. They were ruled unlawful by the Court of Appeal in 2004 under human rights laws.
The decision was upheld by the House of Lords – then the highest court in the land. It is unclear how Ms Mahmood’s proposals will avoid falling into the same trap.
Impact rating: 1/5
CONFISCATE ASSETS
Labour plans to strip asylum seekers of jewellery, cars and other assets to help pay for their upkeep.
Some asylum seekers already disguise their true nationality – and even their age – to bolster their claims.
By comparison, hiding their wealth will be a simple task.
Jewellery will be placed in security deposit boxes, vehicles will be put in someone else’s name, and so on.
Impact rating: 0/5
