The Illegal Migration Bill became an Act of Parliament after being given royal assent, meaning the Government’s sweeping asylum reforms have become law.
While officials are still working on when the Act will come into force, it is anticipated elements of the new laws may be implemented in stages over the coming months.
And as of Thursday, “people who arrive illegally under the new laws will be banned from re-entering the UK and will not be eligible for settlement or citizenship, except in limited circumstances”, the Home Office said.
The PA news agency looks at the key points of the new law.
– Why is this significant?
The Home Office argues the new laws mark a “vital step towards stopping dangerous, unnecessary and illegal journeys to the UK, and removing the incentive for people to take these routes in the first place.”
But campaigners have condemned the move, branding the legislation cruel and unworkable while warning it breaks the UK’s obligations under international law. They say the changes will not stop Channel crossings and fear it could see refugees detained indefinitely.
– What is the main part of the legislation?
The much-criticised flagship legislation, central to Prime Minister Rishi Sunak’s pledge to “stop the boats” crossing the Channel, will prevent people from claiming asylum in the UK if they arrive through unauthorised means.
The Government also hopes the changes will make sure detained people are promptly removed, either to their home country or a third country such as Rwanda, which is currently the subject of a legal challenge.
– What else will change once the law comes into force?
According to the Home Office:
People who come to the UK illegally will not have a right to stay, and instead they will be liable to be returned either to their home country or relocated to a safe third country.
The new legislation prevents people who come to the UK illegally from misusing modern slavery safeguards and introduces a law to stop them making spurious legal challenges to frustrate removal.
Under the new Act, a court will no longer be able to grant interim remedies such as injunctions, which prevent the removal of people with no right to be in the UK, unless in very limited circumstances. This means that the vast majority of legal challenges against removal will be heard only after someone has been removed.
The only legal challenges against removal that will be considered in the UK, are if someone argues there is a real risk that they would suffer serious and irreversible harm if they were removed, or that they are not liable to removal on factual grounds under the new powers.
– Are there other measures?
The Act also brings in tougher measures on age assessments. The Home Office said this is to “protect children” and will “avoid lengthy age disputes” preventing the removal of those deemed to be adults.
The Home Secretary will be allowed to bring in new rules on the consequences of refusing to undergo a scientific age assessment.
Meanwhile, a National Age Assessment Board will be established and scientific assessments, such as X-rays, could be used.
