Migrants who make last-minute asylum claims without good reason or attempt to strengthen human rights cases by changing their family circumstances shortly before removal could face tougher rules under new government reforms.
The Home Office has tabled two amendments to the Immigration and Asylum Bill aimed at tightening Article 8 family life claims and preventing people from using late asylum applications to delay deportation.
The government says the measures are designed to stop foreign criminals and other migrants from exploiting human rights laws to remain in the UK.
Courts to scrutinise family life claims
Under the proposed changes, courts considering Article 8 claims would have to examine how long and how often a parent has been in contact with their child when deciding whether genuine family life exists.
The bill already seeks to define family life more narrowly around core, cohabiting relationships.
The latest amendment is intended to prevent people from attempting to strengthen an Article 8 case by moving back into the family home shortly before making a claim.
Late claims could count against applicants
A second amendment would allow last-minute immigration or asylum claims made without good reason to damage a person’s credibility.
Decision-makers would be required to take into account when evidence or a claim was raised and whether there was a reasonable explanation for the delay.
The government says this will build on existing measures in the bill designed to speed up decisions on late claims and prevent removals being delayed by new applications submitted shortly before deportation.
Home Secretary Shabana Mahmood said:
“The British public must trust that their immigration system is secure, controlled and not open to abuse.
“These reforms will protect its integrity, prevent exploitation and ensure that those with no right to be here are swiftly removed.
“This builds on our work to ramp up removals and slash asylum costs, while providing sanctuary to those who need it.”
Wider changes to asylum system
The Immigration and Asylum Bill passed its second reading in the House of Commons with a majority of 174 in July.
Other measures in the legislation include powers requiring asylum seekers who are financially able to contribute towards the cost of taxpayer-funded accommodation and support.
Eligible adults would make regular payments above a threshold set by the Home Secretary.
The bill would also create an Independent Immigration Appeals Authority, with the government saying the new body would provide a faster appeals system and allow unsuccessful cases to move more quickly towards removal.
A single appeal route is also planned to reduce what ministers describe as attempts to frustrate the system through repeated new claims.
The legislation would additionally introduce a single definition of a protection claim, combining refugee status and humanitarian protection.
The bill is due to enter detailed line-by-line scrutiny in Parliament next week, meaning the proposals are not yet law and remain subject to amendment and parliamentary approval.
