Nationality and Borders Bill: committee stage briefing

As scrutiny on the Nationality and Borders Bill begins in the House of Lords, Public Law Project, jointly with JUSTICE, have briefed Peers on provisions in the Bill that will increase the risk of unlawful immigration decisions and make it harder for them to be challenged.

Read the full briefing

Our briefing sets out how the Bill’s provisions will reduce access to justice and fail to protect those most vulnerable by limiting access to the tribunal and courts system for individual’s challenging potentially unlawful immigration decisions.

Additionally, it will fail to achieve the Home Office’s aims of a more efficient immigration system by prioritising speed of decision-making at the cost of accuracy.

The Bill undermines access to the tribunal and courts system by:

• Creating a presumption that late claims will damage a claimant’s credibility
• Reducing the time the tribunal system has to consider any appeals;
• Creating exceptions to notice requirements, and
• Reducing access to onward appeal.

We recommend a range of amendments to mitigate the increased risk of injustice for those within the immigration system and their families, and addresses key changes that are needed for the Bill to uphold effective access to justice and the rule of law.

Read the briefing