Illegal Migration Act 2023

 Illegal Migration Act 2023 by Mark Symes

The leaves are beginning to change colour; and immigration law is changing too. There have been two sets of significant changes to the Immigration Rules announced in July and September; and various sections of the Illegal Migration Act 2023 have now entered force. On Wednesday 18th October at 4pm, I will address all these developments for HJT Training. Do join us! SEE HERE 

The IMA 2023 introduces a new set of procedures for rendering international protection, human rights & trafficking claims inadmissible: a duty to arrange removal of those adults requiring but lacking leave to enter travelling via third countries and arriving in the UK from 20 July 2023; and a discretion to do so vis-á-vis children (until they reach adulthood). Removals are to proceed by reference to two distinct lists of countries deemed safe for various purposes. The only remedy against removal to a third country will be to make a suspensive claim which should lead to an appeal before the Upper Tribunal subject to certification. All this is to be enforced via a novel interpretation regime which excludes some Human Rights Act protections, and the new appeals direct to the UT will be determined on an ultra-speedy timetable; some UT decisions are virtually immune from further challenge. Long-established remedies such as interim relief by way of judicial review are generally excluded and Ministers will have power to defy Strasbourg interim measures that have long been seen as preventing removal.

For now several provisions have entered force. The new unlawful detention regime makes the Secretary of State the primary determiner of the reasonableness of detention, intending to replace the Hardial Singh regime by which the courts have secured the liberty of migrants for some forty years. The lifetime bans on granting entry clearance, leave to enter or remain, ILR, or citizenship, to the cohort caught by the removal duty is already in force, operating for arrivals from Spring 2023. There is a rather mysterious discretion to grant leave nevertheless.

Then we have the Immigration Rules changes:
–       Reductions in administrative review for EUSSch cases and auto-extension of EUPSS
–       Diminishing EUSSch appeal rights via broader invalidity criteria (including lateness)
–       Clarifications on recourse to public funds
–       Changes to Youth Mobility
–       Another tweak to the long lawful residence route
–       A cross-cutting reference point for youngers – the new Appendix Children
–       Appendix Returning Resident replaces the regime within Part 1 of the Rules
–       Tight controls on Students’ ability to switch routes and bring dependents to UK

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