By Olayiwola Balogun – Migrants who misrepresent family ties or lodge last-minute asylum claims will face tougher rules under new amendments to the Immigration and Asylum Bill.
The government has tabled two amendments to the Bill as part of a wider package to close Article 8 loopholes and crack down on late claims.
Under the reforms, courts will have to consider how long and how often a parent has been in contact with their child when deciding if family life exists. The move builds on the Bill’s definition of family life as typically restricted to core, co-habiting relationships, and aims to stop migrants bolstering Article 8 claims by moving back into the family home shortly before making a claim.
New rules will also allow late immigration claims made without good reason to damage a person’s credibility, with decision-makers required to factor in the timing of evidence. It will support an expedited decision-making process for late claims to prevent individuals withholding information to delay removal.
Home Secretary Shabana Mahmood said: “The British public must trust that their immigration system is secure, controlled and not open to abuse. These reforms will protect its integrity, prevent exploitation and ensure that those with no right to be here are swiftly removed.”
The Bill passed its second reading in the Commons with a majority of 174 in July.
It will also establish a mechanism requiring asylum seekers receiving taxpayer-funded accommodation and support to contribute to those costs when financially able, through a flat-rate charge above a threshold set by the Home Secretary.
An Independent Immigration Appeals Authority (IIAA) will be set up to deliver a faster appeals system, with a single appeal route to remove any advantage from bringing new claims to frustrate removal. A single definition of a protection claim, combining refugee status and humanitarian protection, will also be introduced to simplify decisions.
The Bill will enter line-by-line scrutiny next week.
