Published:  7th January 2022

With the second reading of the Nationality and Borders Bill in the House of Lords this week, JUSTICE Barrister Ellen Lefley sets out six particularly concerning aspects of the Bill that must be changed to ensure a fair system.

In the joint piece for Free Movement with PLP, Ellen argues that despite the Home Secretary’s stated intention of “ensuring access to justice and upholding the rule of law”, the Bill contains a series of provisions which in fact make these problems worse.

These problematic provisions include: weakening appeal rights despite high levels of wrong initial decisions; requiring judges and Home Office caseworkers to give “minimal weight” to some evidence provided by refugees; creating fast-track processes based on policies previously found to be unlawful; and increasing the Home Secretary’s arbitrary powers, aggravating the risk of rushed and unlawful outcomes.

Specific provisions that PLP and JUSTICE believe will increase the risk of unlawful immigration decisions, make it harder to challenge those decisions, and threaten procedural fairness and natural justice, include:

  • No-notice deprivation of citizenship
  • Priority Removal Notices
  • Accelerated detained appeals
  • Abolition of certain appeal rights
  • Notice requirements for removals
  • Insufficient legal aid

Read the full blog in Free Movement

Read PLP and JUSTICE’S briefing to the House of Lords on the Nationality and Borders Bill