Commons Sense

House of Commons · Ministers' Questions

Asylum Seekers’ Access to Justice: Illegal Migration Bill

Tuesday 27 June 2023 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • Marion Fellows questioned the Minister about recent Cabinet discussions on the Illegal Migration Bill's impact on asylum seekers' access to justice.
  • The Minister stated the Bill aims to disrupt people-smuggling, deter illegal crossings, and restore fairness to the asylum system.
  • Marion Fellows raised concerns about asylum seekers' ability to effectively participate in judicial reviews if they are in Rwanda due to the Bill's provisions.

Topics (select to filter)

Questions & Answers

Context

The MP is concerned about discussions regarding the impact of the Illegal Migration Bill on asylum seekers' rights.

Question

What recent discussions has he had with Cabinet colleagues on the potential impact of the Illegal Migration Bill on access to justice for asylum seekers?

Answer from Alex Chalk

The Illegal Migration Bill will break the business model of people-smuggling gangs, deter migrants from making dangerous channel crossings and restore fairness to our asylum system. The Bill will provide a robust but fair legal framework to remove illegal migrants swiftly while ensuring that proper opportunity to appeal remains.

Partly answered

Not addressed: Specific discussions with Cabinet colleagues on the impact of the Illegal Migration Bill were not detailed.

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Context

The MP is concerned about provisions in the bill that prevent UK courts from granting interim remedies to delay removal while a judicial review claim is heard.

Question

Does he really believe that an asylum seeker will be able to participate effectively in a judicial review if they are already in Rwanda? The Bill would prevent UK courts from granting an interim remedy to delay the removal of an individual while their judicial review claim is heard. Is that not a fundamental attack on the rights of an individual to access the courts?

Answer from Alex Chalk

This is a fair country and we will always take what proper steps we should to ensure that individuals' rights are upheld. I respectfully say this: as well as considering those migrants who come across the channel, the hon. Lady needs to think about those migrants on the north coast of France who are thinking about whether to put their lives into the hands of people traffickers.

Not addressed: The Minister avoided addressing whether asylum seekers can effectively participate in judicial reviews if removed to Rwanda and whether preventing UK courts from granting interim remedies is an attack on individuals' rights.

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