EXC: Foreign criminals + failed asylum seekers will get only one chance to appeal decisions to deport them under new Home Office proposals.
Part of a massive shake-up to quicken deportation. Currently multiple appeals allowed. (With @charleshymas.)
telegraph.co.uk/news/2021/03/1…
Part of a massive shake-up to quicken deportation. Currently multiple appeals allowed. (With @charleshymas.)
telegraph.co.uk/news/2021/03/1…
Telegraph understands the following proposals are coming from the Home Office...
1) A ‘one stop shop’ for people appealing deportation. Means all claims must be made at one point rather than one after the other. Would quicken legal process.
1) A ‘one stop shop’ for people appealing deportation. Means all claims must be made at one point rather than one after the other. Would quicken legal process.
2) Reforms to the Modern Slavery Act 2015. Specifically tightening the definition of modern slavery.
Home Office believes it is being used too often by people who legitimately should be deported.
(Others - including perhaps @theresa_may who championed the law - may disagree)
Home Office believes it is being used too often by people who legitimately should be deported.
(Others - including perhaps @theresa_may who championed the law - may disagree)
3) Changes to the rules for when someone who had their asylum claim rejected can appeal.
Specifically - focussing on whether they can prove “exceptional circumstances” and tightening the definition of human rights grounds for appealing.
Specifically - focussing on whether they can prove “exceptional circumstances” and tightening the definition of human rights grounds for appealing.
4) Tightly limiting how late people who are being deported can launch last minute appeals.
Proposal is a deadline stating all appeals must be launched 14 days before the date of deportation.
Proposal is a deadline stating all appeals must be launched 14 days before the date of deportation.
This follows two policy proposals we’ve already reported on...
5) All people illegally entering UK to claim asylum will be removed + have it processed abroad
6) Tightening rules on child asylum claims so people who look over 18 (not over 25 as now) must apply as adults.
5) All people illegally entering UK to claim asylum will be removed + have it processed abroad
6) Tightening rules on child asylum claims so people who look over 18 (not over 25 as now) must apply as adults.
These changes amount to a major shake-up of the asylum system - the biggest in 20 years in the eyes of the Home Office.
They are also NOT guaranteed to become the rules. They are being put to consultation shortly, with responses to come back.
They are also NOT guaranteed to become the rules. They are being put to consultation shortly, with responses to come back.
Those pushing them are likely to argue it is about fairness and consistency - making the asylum system safer (discouraging dangerous boat crossings), quicker (less legal wrangling) and fairer (rules less open to wrongful use).
BUT...
BUT...
...The proposed changes are sure to trigger sizeable opposition from human rights groups and Labour.
.... who will likely argue it will make the system harder for people to claim asylum and tougher for wrongful deportation cases to be overturned.
.... who will likely argue it will make the system harder for people to claim asylum and tougher for wrongful deportation cases to be overturned.
Would expect the asylum rules shake-up to get significant air time over the next week as more details emerge and are scrutinised.
(Worth noting: the Home Office is braced for a potential backlash but believes their proposed changes = considerable improvements.)
(Worth noting: the Home Office is braced for a potential backlash but believes their proposed changes = considerable improvements.)
Ultimately in raw political terms it comes back to the same old question. Where is the Tory backbench on the changes?
Fewer than 40 Tory MPs oppose some of the changes - fine (given the sizeable majority). But over 40 Tory MPs - problems.
END
Fewer than 40 Tory MPs oppose some of the changes - fine (given the sizeable majority). But over 40 Tory MPs - problems.
END
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