Coalition for Asylum Rights and Justice warns refugees and victims of modern slavery could be unfairly prosecuted under new Bill
The Coalition for Asylum Rights and Justice (CARJ) and the law reform charity Justice have issued a joint briefing calling for significant changes to the Government's Border Security, Asylum and Immigration Bill ahead of its Report Stage in the House of Commons.
Image credit: UK GovernmentThe 4-page briefing can be downloaded here.
CARJ is a group of nine legal and human rights organisations working for a fair and humane immigration system: the Public Law Project, Asylum Aid, ATLEU, Bail for Immigration Detainees, Detention Action, Freedom From Torture, the Helen Bamber Foundation, Medical Justice, and the Migrant and Refugee Children's Legal Unit. The group's new briefing calls on MPs to amend or repeal a series of controversial provisions within the current Bill, as well as related immigration legislation introduced since 2022.
While supporting the Government's repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024 and most of the Illegal Migration Act 2023, CARJ argues that the current draft of the Border Security Bill risks further undermining the rights of asylum seekers, trafficking survivors, and individuals with limited leave to enter or remain in the UK.
CARJ's briefing raises particular concerns about Clauses 13 to 18 of the Bill, which introduce new criminal offences related to immigration, including handling articles or gathering information for use in immigration crime, and endangering others during sea crossings. The coalition warns that the provisions risk criminalising refugees and trafficking victims who may have acted under duress or coercion.
Clause 18, which creates an offence of "endangering another during a sea crossing", is highlighted as an example of a particularly troubling clause, as it lacks safeguards to prevent the prosecution of individuals fleeing persecution. CARJ recommends introducing both intent and financial gain requirements for several of the proposed offences created by Clauses 13 to 18, to ensure that enforcement targets smugglers rather than vulnerable migrants.
CARJ also criticises the retention of sections from the Illegal Migration Act 2023, particularly provisions affecting legal safeguards in immigration detention, protections for modern slavery victims, and the admissibility of asylum claims from designated countries.
Under Clause 38, the Bill retains Section 12 of the IMA, which shifts the legal test for immigration detention from objective judicial assessment to the Home Secretary's discretion. This, the coalition argues, weakens crucial legal protections.
Similarly, Section 29 would require the exclusion of trafficking victims from support mechanisms based on past criminal convictions, even where offences were committed under coercion. CARJ warns that this could result in wrongful deportation and re-trafficking.
CARJ also calls for the repeal of Section 59, which renders claims from certain countries inadmissible unless "exceptional circumstances" apply. The coalition points to ongoing human rights concerns in countries such as Albania, India, and Georgia—particularly for LGBTQIA+ individuals and women—as evidence that blanket inadmissibility may contravene international law.
The group objects to Clause 41(17), which seeks to give retrospective effect to new detention powers, effectively legalising current practices that have been questioned in the courts. CARJ argues that such retrospective legislation denies redress to individuals unlawfully detained and undermines the rule of law.
Beyond the current Bill, the coalition urges the repeal of several provisions within the Nationality and Borders Act 2022, which it describes as "unworkable and unfair." These include measures that weaken credibility assessments, accelerate legal procedures, and complicate the legal tests for recognising refugees.
Most of these provisions have yet to be implemented, but CARJ warns that they contribute to delays and legal uncertainty in the asylum system, and risk increasing the number of judicial reviews and appeals.
Finally, CARJ calls for the removal of New Clause 43, which would empower the Home Secretary to impose curfews and electronic monitoring on any individual with limited leave to remain in the UK. The coalition describes the clause as "discriminatory" and lacking in basic legal safeguards, including judicial oversight or limits on scope.