Immigration and Asylum Bill: second reading opening speech
Current rules
The Immigration and Asylum Bill introduces several new provisions: * Independent Immigration Appeals Authority: A new authority, staffed by independent adjudicators (not judges), will be established to hear immigration and asylum appeals. Decisions made by this Authority will be appealable to the Upper Tribunal on points of law. * Single Appeal Route: A single appeal route will be created, requiring claimants to raise all relevant matters upfront. Late claims, especially those raised close to removal, will be handled through an expedited process. * Core Protection Model: Refugee status and humanitarian protection will be replaced by a single "core protection model." Claims will be assessed once, with one outcome, and an appeal right will only be available to those refused protection. * Reforms to Article 8 ECHR: The Bill reforms the domestic application of Article 8 (right to family and private life). Clause 19 tightly defines the public interest, clarifying that judges must consider the economic impact on taxpayers and that no weight should be given to an Article 8 claim from someone in the UK illegally. Clause 20 strengthens the public interest test for removing foreign criminals, making clear that deportation should proceed outside of limited exceptional circumstances. * New Power for Home Secretary: An amendment will provide the Home Secretary with a new power to disapply Section 7 of the Immigration Act 1971 for serious criminals, tied to the threshold for depriving citizenship.
Overview
The UK government is introducing the Immigration and Asylum Bill, which aims to reform the asylum system. Key measures include establishing a new Independent Immigration Appeals Authority, streamlining the appeals process to a single route, replacing the two existing protection statuses (refugee status and humanitarian protection) with a single "core protection model," and reforming the domestic application of Article 8 of the European Convention on Human Rights concerning family and private life.
Who is affected by the latest change
- People seeking protection (asylum seekers) in the UK
- People seeking protection (refugees) wanting to enter the UK
- Groups, universities, and businesses sponsoring people seeking protection (refugees)
- People involved in immigration and asylum appeals
What changed in the latest version
Before
Before the proposed changes: * **Asylum Appeals Process:** Appeals against asylum decisions were heard by judges. These judges worked in the First-Tier Tribunal Immigration and Asylum Chamber. The appeals system had many cases waiting, with over 150,000 people waiting. The average waiting time was more than one year. People making claims could make several claims at different times. They could also make late claims to delay being removed from the UK. * **Protection Statuses:** The UK asylum system recognised two separate types of protection. These were refugee status and humanitarian protection. Both offered almost the same rights and eligibility to settle in the UK. * **Article 8 ECHR Application:** Article 8 protects the right to family and private life. The way the UK interpreted this Article had expanded beyond the original European Convention on Human Rights (ECHR) rules. This meant the balance between individual family rights and the public interest had shifted. This led to cases where people, including foreign criminals, could stop deportation based on Article 8. This could happen even if they had arrived illegally or had stayed in the UK after their visa ran out.
After
The Immigration and Asylum Bill introduces several new rules: * **Independent Immigration Appeals Authority:** A new authority will be set up. It will have independent adjudicators, not judges. This authority will hear immigration and asylum appeals. Decisions made by this Authority can be appealed to the Upper Tribunal. This appeal can only be made on points of law. * **Single Appeal Route:** A single appeal route will be created. People making claims must present all important information at the start. Late claims, especially those made just before removal, will go through a fast-track process. * **Core Protection Model:** Refugee status and humanitarian protection will be replaced. A single "core protection model" will take their place. Claims will be assessed once. There will be one outcome. Only people refused protection will have the right to appeal. * **Reforms to Article 8 ECHR:** The Bill changes how Article 8 (right to family and private life) is used in the UK. Clause 19 clearly defines what the public interest means. It states that judges must consider the cost to taxpayers. It also says that no importance should be given to an Article 8 claim from someone who is in the UK illegally. Clause 20 makes the public interest test stronger for removing foreign criminals. It makes it clear that deportation should happen, except in limited, unusual situations. * **New Power for Home Secretary:** An amendment will give the Home Secretary a new power. This power will allow the Home Secretary to ignore Section 7 of the Immigration Act 1971 for serious criminals. This power is linked to the level of seriousness that allows someone's citizenship to be taken away.
The proposed changes could significantly alter the experience for people seeking asylum and those appealing immigration decisions. * **Faster Decisions and Removals:** Creating an Independent Immigration Appeals Authority and a single appeal route aims to speed up the appeals process. This could mean faster decisions for genuine claimants. It could also mean faster removal for those judged not to have the right to stay. This will reduce the time many people spend in legal uncertainty. * **Simplified Protection System:** Combining refugee status and humanitarian protection into a single "core protection model" aims to make things less complicated and more efficient. This could make the application process simpler. However, it might also reduce the options for appeal. * **Tighter Rules for Family and Private Life Appeals:** Changes to Article 8 of the European Convention on Human Rights (ECHR) could make it harder for people to use family or private life arguments to stop deportation. This particularly applies to those who entered illegally or have committed crimes. Judges will have to give more weight to the economic impact on taxpayers. They will also ignore claims from people in the UK illegally. * **Increased Enforcement for Serious Criminals:** A new power will allow the Home Secretary to ignore Section 7 of the Immigration Act 1971 for serious criminals. This means long-term UK residents who are serious offenders might no longer be protected from removal. This applies even if they have strong ties to the UK.
Explained simply
Imagine the asylum system as a set of rules and steps people follow to ask for protection in the UK. This new Bill is like an update to those rules, making them quicker and simpler, especially for appeals. Think of it like this: If you wanted to get a decision about something important, usually you might have to go through many different appeal stages, and each one takes a long time. This Bill tries to make it a one-stop shop for appeals, so you present all your reasons at once, and the decision comes faster. Instead of different judges handling these appeals, there will be a new, dedicated group of expert decision-makers who can work through cases more efficiently. Also, if you're asking for protection, instead of choosing between two similar types of protection (like two different flavors of the same ice cream), the Bill combines them into one clear option. This means less confusion and quicker processing. Finally, the Bill also looks at how personal circumstances, like having a family, are considered when someone is being removed from the UK. The rules are being tightened to make sure that these personal reasons are weighed carefully against what's best for the public, especially if someone is here illegally or has committed serious crimes. The aim is to make the system feel fairer and more under control.
Version history
- v1Issued 13 Jul 2026DebateHigh impactImmigration and Asylum Bill: second reading opening speech
The UK Home Secretary presented the Immigration and Asylum Bill for its second reading. The Bill sets out plans to change the asylum system. Key proposals include starting new, safe, and legal ways for refugees to get sponsorship. These routes will have a limit on numbers and will begin in autumn 2027. The Bill also plans to create an Independent Immigration Appeals Authority. This authority will have adjudicators, not judges, to make appeal decisions faster. The Bill aims to lower the number of people entering the country irregularly. It also wants to reduce costs and make sure the system is fair to both genuine refugees and British citizens.
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