Refugee groups condemn Tory plan to remove judges from asylum appeals | Immigration and asylum
Refugee groups and lawyers have described Conservative Party proposals to remove the power of judges to rule on asylum seekers’ appeals against deportation as “an attack on the concept of justice and equality before the law”.
Shadow home secretary Chris Philp said in a speech on Tuesday that the Conservative government would abandon the European Convention on Human Rights (ECHR) and abolish the tribunal system that claimants use to challenge their dismissal.
Philip said immigration decisions would be made by the Home Office, which would give immigrants a quick internal appeal. He said the Conservatives would also abolish legal aid for all immigration cases.
This policy horrified human rights defenders and lawyers. Sile Reynolds, head of asylum advocacy at Freedom from Torture, said: “Philip’s proposals are nothing short of an attack on the very concept of justice and equality before the law.
“For [survivors of torture] and for anyone seeking protection, the consequences of a wrong decision can be fatal. “An independent appeals process and access to effective legal advice are important safeguards that prevent the government from inadvertently returning them to their torturers.”
Imran Hussain, director of external relations at the Refugee Council, said the proposals would undermine democratic guarantees. “No British government should be free to do its own homework when it comes to people questioning illegal actions,” he said.
Mark Evans, president of the Law Society of England and Wales, said abolishing immigration courts would eliminate all independent checks. “This right is at the heart of our justice system and is vital for those of us seeking safety. Judges can only act within the law, and it is damaging and unfair to accuse them of bias when they fail to respond,” he said.
The Immigration Law Practitioners Association (ILPA) accused Philp of “promoting an atmosphere of hostility” against lawyers and the judiciary.
“An independent legal profession and judiciary are fundamental to our democracy… We are therefore extremely concerned that senior politicians once again appear to be encouraging an environment of hostility towards immigration practitioners and judges,” he said.
Addressing right-wing think tank Policy Exchange, Philp said the UK had “created a legal system on immigration that gives judges almost unlimited power to decide individual immigration cases, while also giving them the power to shape how the entire system operates through case law”.
He criticized the judiciary, saying some members were working with “open border campaigners”, and highlighted a judge who actually granted a Palestinian family the right to live in the UK through a scheme for Ukrainian refugees.
“These cases show that immigration court judges make decisions that defy common sense, but they are made possible by the current system,” Philp said.
He also highlighted that another judge had allowed an Albanian thief with 50 previous convictions to remain in the UK because his crimes were “not too extreme”. “So if an Albanian thief breaks into your house, you know which judge you can thank for that,” he said.
Philp said the Tory plans would mean the vast majority of people arriving in the UK illegally (in small boats or in the back of a lorry) would not be allowed to claim asylum.
But Reform refused to go to the UK, saying it would disregard the principle that no one should be returned to an area where their life or freedom would be threatened.
“If such a decision was made [asylum seekers] “If they are really at serious risk in the country of origin… the home secretary will have the power to send them to a safe third country like Rwanda,” he said. “But I would predict that the vast majority of cases of illegal immigrants will require return to their country of origin.”
Home Affairs Minister Shabana Mahmood is replacing the two-tier court system with a single, independent appeals body to speed up cases.
Reform UK is proposing legislation that would prevent the Home Office, immigration tribunals and high courts from considering asylum claims from people who enter the UK illegally.
