The Nationality And Borders Bill: Law Timeline

The UK's Nationality and Borders Bill received Royal Assent on 28 April 2022 and became an Act of Parliament. The bill, which was introduced to the House of Commons on 6 July 2021, was passed despite concerns that it would breach international law and be anti-refugee. The Act introduces a two-tier system for refugees, with those who arrive by irregular means receiving less favourable treatment and support. It also increases penalties for people smugglers and those who illegally enter the UK or overstay.

Royal Assent received on 28 April 2022

On 28 April 2022, the Nationality and Borders Bill received Royal Assent and became an Act of Parliament. The controversial bill was met with criticism, with some deeming it "anti-refugee". Despite this, Home Secretary Priti Patel celebrated the passing of the legislation, stating that it was a "huge milestone" in their commitment to the British people, promising a "fair but firm immigration system".

The Act introduces a variety of changes, including harsher penalties for people smugglers, individuals who illegally enter the UK, and those who overstay. The maximum sentence for people smugglers has been increased to life imprisonment, while illegal entrants to the UK can face up to four years' imprisonment. The Act also targets those who overstay by introducing penalties for late submission of evidence, undermining the claimant's credibility.

Another significant change is the introduction of a two-tier system, which will result in less favourable treatment and support for individuals who arrive in the UK by irregular means, particularly those arriving in small boats via the Channel. This measure has been criticised as being incompatible with the 1951 Refugee Convention, which the UK helped draft. The convention commits its signatory states to provide asylum to those fleeing persecution, regardless of their method of arrival.

The Act also removes stages of appeal and allows for certain cases to be fast-tracked. Additionally, it grants the Immigration Tribunal additional powers to fine lawyers for improper, unreasonable, or negligent conduct.

The Nationality and Borders Act 2022 is a key component of the government's New Plan for Immigration, aiming to deter illegal entry into the UK and remove those without permission to stay. While the government claims that the Act will create a fairer and more effective system, providing better protection and support for those in need of asylum, critics argue that it will penalise refugees and asylum seekers, making it more difficult for them to find safety in the UK.

Two-tier asylum system

The Nationality and Borders Bill was introduced to the House of Commons on 6 July 2021 and became law on 28 April 2022. The bill received royal assent to become the Nationality and Borders Act.

One of the most controversial aspects of the Act is the introduction of a two-tier asylum system. This system differentiates between two groups of refugees. Group 1 refugees are those who have "complied with both of the requirements set out in subsection (2) and, where applicable, the additional requirement in subsection (3)". The requirements are that they have:

• Come to the United Kingdom directly from a country or territory where their life or freedom was threatened
• Presented themselves without delay to the authorities
• (Where they have entered or are present in the United Kingdom unlawfully) Can show good cause for their unlawful entry or presence

Refugees who do not meet these criteria are classified as Group 2 refugees. Group 2 refugees can be treated differently from Group 1 refugees in several ways, including:

• The length of any period of limited leave to enter or remain
• The requirements that the refugee must meet to be given indefinite leave to remain
• Whether a condition of no recourse to public funds is attached to any period of limited leave to enter or remain
• Whether leave to enter or remain is given to members of the refugee's family

The two-tier system has been criticised for potentially resulting in more unsafe and perilous journeys for asylum seekers. It has also been argued that the system is discriminatory and will negatively impact the majority of refugees arriving in the UK. Critics argue that it will make the UK asylum system more complex, bureaucratic, costly, and unworkable. Furthermore, it may increase the burden of bureaucracy and litigation for an already overburdened system.

The UN High Commissioner for Refugees has stated that the two-tier system undermines the 50-year-old Refugee Convention and longstanding global cooperation on refugee issues. The system also appears to be at odds with the British public's desire for an asylum system that is fair, orderly, and humane.

Increased standard of proof for refugee status

The UK's Nationality and Borders Bill became law on 28 April 2022 after receiving royal assent. The bill, which was introduced to the House of Commons on 6 July 2021, makes wide-ranging changes to the UK's asylum system. One of the most notable changes is the introduction of a two-tier asylum system, which critics argue will result in those arriving in the UK via irregular means receiving less protection and support.

Another significant change is the increased standard of proof for establishing someone as a refugee. Previously, the standard of proof was relatively straightforward, assessing whether there was a reasonable degree of likelihood that an individual would be persecuted upon their return to their country of origin. This could be expressed in various ways, such as asking whether there was a real risk of serious harm, substantial grounds for believing, or if the fear was well-founded.

However, the new Nationality and Borders Act 2022 requires decision-makers and judges to adopt a split approach when assessing refugee status claims. This approach first determines, on the balance of probabilities, whether an asylum seeker has a characteristic that could cause them to fear persecution due to their race, religion, nationality, membership of a particular social group, or political opinion. It also assesses whether the asylum seeker fears such persecution in their country of nationality or habitual residence.

If the asylum seeker meets these criteria, the decision-maker must then determine whether there is a reasonable likelihood that the individual would be persecuted based on their characteristics if returned to their country and whether they would be protected. This change in the standard of proof only applies to refugee status claims and not to human rights claims based on the European Convention on Human Rights or other human rights conventions.

The impact of this increased standard of proof remains to be seen. While it may lead to longer decision-making processes and more complex written decisions, it is unlikely to significantly change the outcomes for asylum seekers, as those denied refugee status should still succeed on human rights grounds. However, there are concerns that this change could inject additional scepticism into decision-making culture, potentially leading to more refusals of refugee claims and human rights claims.

Reduced threshold for serious crime

The Nationality and Borders Bill was introduced to the House of Commons on 6 July 2021 and became law on 28 April 2022. The bill contains provisions about nationality, asylum, immigration, victims of slavery and human trafficking.

One of the key aspects of the bill is the reduced threshold for what constitutes a serious crime. This means that individuals who have committed certain offences may be denied refugee protection. The bill also grants the government new powers to limit who is considered a victim of modern slavery and allows for the removal of British citizenship from dual nationals without notice.

The bill introduces a two-tier asylum system, which could result in those who arrive in the UK via irregular means receiving less protection and support. It also increases the standard of proof required to establish someone as a refugee and removes stages of appeal by fast-tracking certain cases.

The bill has been criticised for being inhumane and for criminalising asylum seekers. It has also been argued that it is incompatible with international law, specifically the Refugee Convention 1951, and that it will damage access to justice and negatively impact the role of lawyers in immigration cases.

The reduced threshold for serious crimes is a significant aspect of the bill as it could result in individuals being denied refugee protection based on their criminal record. This has raised concerns about the fairness and compassion of the UK's asylum system.

Tribunal powers expanded

The Nationality and Borders Bill was introduced to the House of Commons on 6 July 2021 and became law on 28 April 2022.

The Nationality and Borders Act gives the Immigration Tribunal additional powers to fine lawyers for improper, unreasonable, or negligent behaviour. These powers are unnecessary as they duplicate existing powers and regulatory regimes. They could also create a conflict of interest between solicitors and their clients.

The Act also introduces an expedited appeal procedure, which is an attempt to revive the detained fast-track scheme ruled unlawful in 2015. This procedure seeks to exclude the possibility of an appeal from a first-instance decision by the Upper Tribunal, which is an affront to the rule of law and access to justice.

The Act also moves age assessment hearings, when the outcome of an assessment is in dispute, to the First-tier Tribunal. These hearings are more like trials, which may last a day or more, with both sides calling witnesses of fact and expert witnesses. This is in contrast to the ordinary matters heard by the First-tier Tribunal, which are relatively brief immigration appeals that may last a couple of hours and only involve the person appealing calling witness evidence.

The Nationality and Borders Act also introduces accelerated detained appeals, where people have 5 days to lodge an appeal, and the First-tier Tribunal has 25 days to decide. This will limit the ability of those affected to find and receive legal advice.

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