Labour's proposed immigration legislation has been criticized by legal experts who contend it only addresses the periphery of the small boats crisis and does not tackle the fundamental structural issues that allow illegal migrants to claim asylum in Britain.
According to Richard Ekins KC, professor of law at Oxford University and head of the Policy Exchange think-tank's judicial power project, the current bill does not leverage protections available under the international Refugee Convention that would permit the deportation of individuals entering a country illegally, even if they are genuine refugees. He stated that the measures in the bill "tinker with the edges" and fail to address this central problem, potentially leaving individuals at risk or without recourse for removal to safe third countries.
Dr. Conor Casey, a fellow at Policy Exchange and from the University of Surrey, echoed these concerns, expressing doubt that the bill would deter unlawful Channel crossings. He also suggested that the bill's wording could allow for flexible or generous interpretations by applicants, potentially leading judges to rule in a manner that obstructs removals and deportations. Both experts noted that previous government attempts in 2014 to implement similar restrictions on Article 8 of the European Convention on Human Rights (ECHR), concerning the right to private and family life, were less effective than intended.
The legislation aims to prevent illegal immigrants and foreign criminals from using Article 8 to remain in the UK by limiting its application to immediate relatives, rather than extended family members. However, Ekins cautioned that this approach carries a risk of failure, drawing parallels to past initiatives. Casey further warned that the reforms might lead to an increase in deportation cases being challenged through alternative human rights claims, such as those under Article 3 of the ECHR, which prohibits ill-treatment.
The Immigration and Asylum Bill Committee is currently reviewing the legislation, which was introduced in June. Home Secretary Shabana Mahmood unveiled the proposed new legislation in June.