ILPA Response to Joint Committee on Human Rights (JCHR) Call for Evidence on the Illegal Migration Bill (6 April 2023)

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Please see below ILPA’s written evidence submitted to the Joint Committee on Human Rights in response to its call for evidence as part of its inquiry to carry out legislative scrutiny of the Illegal Migration Bill.

The JCHR has published our evidence here. The JCHR’s Twelfth Report of Session 2022–23, ‘Legislative Scrutiny: Illegal Migration Bill’, was published here on 11 June 2023.

We are grateful to the JCHR for citing our evidence regarding the proposed disapplication of section 3 of the Human Rights Act 1998 from the Bill’s provision by Clause 1(5) of the Bill, our concern that it “puts the UK on a direct collision course with the domestic courts, the European Court of Human Rights (ECtHR), the Council of Europe, and other international bodies”, our evidence in relation to the provisions overturning the long-established common law principle in Hardial Singh that it is for the court to decide for itself whether the detention of a person for the purposes of removal is for a period that is reasonable, and our evidence that it is “unclear why the Home Secretary wishes to retain, or in what circumstances she would use, a discretion to act in breach of the UK’s international obligations by refusing to grant entry, settlement, or citizenship”.

Document Date
Thursday April 6, 2023