Migrants who misrepresent their family circumstances or make
last-minute asylum claims will face tougher rules under new
measures to prevent abuse of the system.
The government has tabled amendments to the Immigration and
Asylum Bill to close Article 8 loopholes and crack down on
individuals who lodge last-minute asylum claims.
The Home Secretary is determined to stop foreign criminals and
other migrants abusing human rights laws to dodge deportation
from the UK.
New reforms will mean that courts will have to consider how long
and how often a parent has been in contact with their child when
considering if family life exists.
This follows the bill defining family life' as typically
restricted to core, co-habiting family relationships. This week's
amendments aim to strengthen the rules further, preventing
migrants from bolstering their Article 8 claims by moving back
into the family home shortly before making a claim.
New rules will also be introduced to enable immigration claims
made at the last-minute without good reason to damage a person's
credibility, with decision-makers required to factor in the
timing of evidence when considering claims.
This will build on measures in the Immigration and Asylum Bill to
introduce an expedited decision-making process for late claims,
helping to address the issue of individuals withholding
information or raising a last minute claim which severely delays
their legitimate removal from the UK.
Home Secretary 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.
This builds on our work to ramp up removals and slash asylum
costs, while providing sanctuary to those who need it.
The bill passed its second reading in the House of Commons with a
majority of 174 in July.
It will establish a mechanism to require asylum seekers receiving
taxpayer-funded accommodation and other support to contribute to
those costs when they are financially able to do so.
The payment will take the form of a flat-rate charge, with
eligible adults making regular payments above a threshold set by
the Home Secretary.
An Independent Immigration Appeals Authority (IIAA) will also be
set up to deliver a swift and fair appeals system that restores
public confidence. It can scale to meet changing demand and
ensure cases flow through quickly to removal where appeals are
unsuccessful.
As part of this, a single appeal route process will be
established to ensure there is no advantage to bringing forward
new claims to frustrate the system.
A single definition of a protection claim will also be
introduced, combining refugee status and humanitarian protection,
thereby simplifying the decision-making and the appeals
process.
The bill will enter the line-by-line scrutiny stage of its
progression through Parliament next week.
