The Immigration Bill has its Second Reading debate in the House of Commons this morning.
We regret that the Bill will receive its House of Commons Second Reading only six sitting days after its publication. Given the complexity of this area of law we regret that more time has not been allowed for Parliamentarians to seek advice on the practical implications of the Government’s proposals. The contracted timetable is particularly objectionable, given that the proposals in the Bill appear to suggest a step-change in how immigration is treated in this country.
JUSTICE is concerned that the Immigration Bill would create a more legally obscure system of immigration control, which places greater power in the hands of administrative authorities without effective means of independent oversight.
The proposal to remove access to an independent determination on appeal from most applicants will – in practice – leave many decisions on immigration as a matter of effective administrative discretion.
JUSTICE particularly regrets the politically charged debate that has been associated with the proposals in Clause 14, which relate to the individual right to private and family life protected by Article 8 ECHR and the Human Rights Act 1998. We reiterate our concern that any attempt to ask Parliament to entirely predetermine the proportionality of fact-sensitive immigration decisions will either be unworkable or could lead to the violation of the UK’s international human rights obligations in practice.