UK is risking its global reputation with new immigration bill, Law Society warns

The bill seeks to make a number of changes to the UK immigration system

Sunday 18 July 2021 19:37 EDT
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The Law Society has warned Britain’s global reputation for justice is being put at risk by the new Nationality and Borders Bill.
The Law Society has warned Britain’s global reputation for justice is being put at risk by the new Nationality and Borders Bill. (PA)

Britain’s global reputation for justice is being put at risk by the new Nationality and Borders Bill, the Law Society of England and Wales warned.

The bill seeks to make changes to the UK immigration system for asylum seekers and refugees by introducing a two-tier system for asylum seekers arriving in the UK, treating them differently depending on how they arrived in the country.

It would also seek to change the definition of what it is to be a refugee by “radically raising the threshold of proof” asylum-seekers must reach to gain meaningful protection in the UK.

However, the Law Society has warned the bill would damage access to justice by altering the process for asylum claims and appeals ahead of its second reading in parliament on Monday.

The organisation, which represents solicitors in England and Wales, also questioned whether the bill would comply with international law and called for greater legislative detail and clarity.

The Law Society president, I Stephanie Boyce, said: “There are significant concerns and a lack of clarity over whether the Nationality and Borders Bill would comply with international law or, indeed, uphold access to justice for extremely vulnerable people.

“The government should publish a detailed legal assessment of whether and how proposals in the bill – including but not limited to changes to the definition of ‘refugee’, the introduction of a two-tier asylum system and the criminalisation of arrival to the UK without permission – are compatible with the UK’s international obligations under the 1951 Refugee Convention.”

Ms Boyce said the proposed two-tier system would “provide a lower level of protection” to refugees who arrive in the UK without permission and potentially “deny access to justice for thousands of genuine refugees”.

The Society has also warned aspects of the bill would be “highly unlikely to be enforceable or prosecuted” and that passing such “unenforceable laws” would undermine the rule of law.

Ms Boyce said: “The rule of law and access to justice should underpin any reform of the asylum system.

“At a time when the UK needs to build bridges as we seek multiple new and ambitious trade agreements we should not be putting the country’s reputation as a trustworthy and predictable partner in doubt by passing legislation that may be incompatible with our international obligations or undermine access to justice.

“The world will watch the passage of this bill.”

The Independent has approached the Home Office for comment.

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