Shabana Mahmood’s controversial plans to increase the forced removal of people refused asylum, introduce stringent age checks for people claiming to be children and limit applications under human rights laws are scheduled to be placed before MPs within days.
The immigration and asylum bill is expected to be put before parliament next Tuesday and will face opposition from some Labour, Lib Dem and independent MPs. Andy Burnham’s team, widely expected to be in No 10 within weeks, is understood to be aware of the bill and its contents.
The legislation is expected to direct how article 8 of the European convention on human rights (ECHR) is applied in immigration and deportation cases.
Mahmood has previously claimed that the right to family life has in some cases been used to frustrate removals and undermine public confidence in the rule of law.
The bill is also expected to set out plans to strengthen age assessments. A recent report by a coalition of refugee and children’s rights organisations said the government’s proposed use of AI to estimate the age of asylum seekers could create new risks for children.
It will outline a new structure for asylum tribunals by dropping an independent court system and replacing it with a new appeals body that sits within the Home Office. It is also supposed to allow the “immediate forced removal of those who have exhausted all appeals”.
The modern slavery framework will also be amended to stop the late presentation of claims, Whitehall sources said.
The bill will not introduce new rules to double the time it takes to qualify for indefinite leave to remain (ILR) from five to 10 years for most migrant workers.
The planned rules would apply retrospectively to claimants who are already in the UK – a move that prompted a backlash from as many as 100 Labour MPs including Angela Rayner, who said it was unfair and un-British.
It is understood that the ILR changes are not part of the bill but could be introduced via secondary legislation.
Refugee charities have expressed concern that the bill is being pushed through so quickly.
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The chief executive of Safe Passage International, Jo Cobley, said: “We were anticipating this bill to be introduced after a new prime minister is confirmed, but it seems the home secretary is determined to push through these harsh plans for refugees.
“We are very concerned about these changes, particularly the anticipated restrictions to family reunion for refugees. The unaccompanied children and families we work with, who have been torn apart by war and persecution, must be able to reunite as a family and get the protection they need.
“If the government wants to have more control of its own asylum system, by preventing Channel crossings, it must start by offering refugees safe routes to protection and family.”
The co-chair of the Refugee and Migrant Children’s Consortium, Anita Hurrell, said: “We are concerned about how the measures expected to be in the immigration and asylum bill next week will impact on children including child victims of modern slavery.
“We are worried about whether they could penalise a child for disclosing late or exclude from support children exploited outside the UK. We’re also worried about how tightening the definition of family life and the public interest test could affect children and young people’s ability to reunite and stay together with their family, including for children who have been bereaved and might have different structures.
“Age assessment measures risk leading to more children wrongly assessed as adults in bewildering and unsafe adult asylum system. Legislating a new appeals body is also concerning for access to justice, especially when the government is yet to publish its response to the recent consultation. We urge the government to consider children and undertake and publish a child rights impact assessment.”
