Key Highlights from the Second Reading of the Immigration and Asylum Bill

Madam Deputy Speaker, I rise to propose that the Bill be read for a second time.

When this Government assumed office two years ago, we inherited an asylum system beset by disorder. The challenges we faced were immense, with staggering figures highlighting the extent of the crisis. Between January 2021 and June 2024, approximately 110,000 individuals arrived in the UK via small boats, while an additional 175,000 sought asylum through various other avenues. This surge in numbers corresponded with a significant increase in financial strain on taxpayers, with spending on asylum support reaching £4.7 billion in just one year, translating to a daily expenditure of £9 million on housing asylum seekers in around 400 hotels.

Over the last two years, this Government has initiated crucial steps to bring order back to our borders. A key component of this effort involves tackling the criminal gangs that facilitate dangerous crossings. In the past year, we have seen a 55% increase in the arrests of people smugglers, and since taking office, we have disrupted organised immigration crime on 3,700 occasions, marking a 46% rise. Collaborating closely with French law enforcement, we have successfully prevented 46,000 attempted crossings of the English Channel.

Strengthening International Cooperation

Our partnership with France has progressed further with a new agreement signed in April, aimed at enhancing patrols and intelligence operations, resulting in a 53% increase in personnel stationed along the French coast. The positive impact of these measures is evident; in May, nearly two-thirds of attempted small boat crossings were thwarted.

Simultaneously, we have made significant strides in revitalising a broken asylum system. Under the previous administration, decision-making had stagnated, but our efforts have resulted in a 24-year high in asylum decisions. Consequently, the number of removals has reached its highest level in nearly a decade, with a 41% increase compared to the same period prior to our tenure. We have successfully deported and removed nearly 10,000 foreign criminals, a 36% improvement over the previous Government’s record.

Furthermore, we are committed to alleviating the burden on local communities. This Government has pledged to end the use of asylum hotels during this parliamentary term. So far, we have closed one in five of these hotels, reducing the overall hotel population by 29% and cutting asylum costs by £1 billion. However, there remains much more to be done.

Addressing Ongoing Challenges

Currently, around 94,000 individuals are still residing in asylum accommodation, costing taxpayers £3.7 billion annually. Although asylum claims decreased by 12% last year, they remain close to historically high levels. Tragically, the criminal gangs continue their operations, leading to fatalities in the Channel, with over 100 lives lost since the beginning of 2024, including women and children.

This nation has a proud tradition of providing sanctuary to those fleeing war and persecution, and I take pride in that legacy. However, we must acknowledge that public support for our asylum system is waning. If we fail to restore control, we risk losing the confidence of the British public entirely. My primary objective as Home Secretary is to rebuild this trust, ensuring that we can continue to offer protection to those in need, both now and for future generations.

To achieve this, I believe we must establish fairness within our asylum system. This means fairness to those genuinely fleeing danger and also fairness to the communities that bear the burden of supporting them. A system founded on uncontrolled, unsafe, and illegal routes into the country is inherently unjust, serving only the interests of people smugglers.

Introducing New Sponsorship Routes for Refugees

In recent weeks, I announced new pathways for legitimate refugees to build their lives in the UK. These capped, safe, and legal routes will enable communities, universities, and businesses to sponsor refugees. This approach ensures that those in need of protection arrive with the consent of local communities, backed by the financial support of their sponsors rather than relying on taxpayer funds. It represents an asylum approach that fosters integration and contribution to our society.

In Canada, local communities have successfully sponsored refugees, resulting in 70% of sponsored individuals securing employment within a year. In stark contrast, only a quarter of refugees in the UK find work in their first year after being granted asylum. This situation leaves many unable to establish their lives here, relying instead on taxpayer support.

This autumn, we will commence accepting applications for our new community-sponsored and study routes, with the first refugees expected to arrive in Autumn 2027. Although the initial numbers will be modest, I intend for them to grow as we restore order to our asylum system by reducing the influx of individuals arriving through unsafe and illegal means.

Legislative Measures for a Fairer Asylum Process

The Bill we are discussing today is fundamentally aimed at reducing the number of individuals entering the country through unsafe and illegal means, while also lightening the load on local communities. It is designed to be equitable for genuine refugees and fair to British citizens. The Bill guarantees that asylum claims are processed fairly and swiftly, ensuring that legitimate claimants are not left in limbo, while expediting the removal of those with no right to remain in the UK.

The Bill also preserves essential human rights protections, while tightening regulations to eliminate abuses that have infiltrated our system. It is crucial that we support individuals in their time of need while also making it clear that such support entails responsibilities. Those who are able to contribute to their costs should be expected to do so.

With these objectives in mind, I will outline the details of the Bill, beginning with measures to ensure fast and fair asylum decisions. Currently, the backlog in appeals hearings presents a significant obstacle. While we have significantly reduced the backlog of initial decisions, the majority of failed asylum seekers go on to lodge appeals, resulting in over 150,000 individuals awaiting an appeal decision, with average wait times exceeding a year.

Establishing an Independent Immigration Appeals Authority

We must confront the reality of this appeals queue. While some appeals are legitimate, others are simply tactics to delay removal from the UK. By placing themselves at the end of the queue, these claimants can prolong their removal, continue receiving taxpayer-funded support, and take the time to strengthen their appeal rights. The most effective way to counteract this manipulation is to expedite the decision-making process while ensuring that claims are heard comprehensively and fairly.

To address this, Part 1 of the Bill establishes a new Independent Immigration Appeals Authority, staffed by independent adjudicators rather than judges. This change will allow us to recruit from a broader talent pool, enabling us to respond quickly to fluctuating demands. To those who argue that only judges can make such decisions, I would point out that many complex and significant decisions are made daily by individuals without legal qualifications, such as magistrates and planning inspectors.

It is essential to understand that most immigration and asylum appeals hinge on factual determinations, necessitating careful, impartial, and well-trained decision-makers. Our adjudicators will be professionals trained to make sound, defensible decisions. In situations requiring specific legal expertise, Senior Adjudicators with legal training will be available to assist. Decisions made by the new Authority will be subject to appeal to the Upper Tribunal, which will continue to operate before a judge, focusing solely on points of law rather than rehearing full cases.

Streamlining the Appeals Process

The independence of the Authority is paramount, with all ministers obligated to uphold its autonomy. The first Chief Executive and Chief Appeals Officer will be appointed by the Home Secretary, but subsequent appointments will be made by the Authority’s Chair based on merit through fair and open competition. The Authority’s operations will also fall under external scrutiny, being accountable to the Independent Chief Inspector of Borders and Immigration.

Within this new framework, we will establish a single, expedited appeal route, as outlined in clauses 11 and 12 of the Bill. Currently, too many claimants submit multiple claims at different stages of the process, often at the last moment, in attempts to obstruct legitimate removals. One illustrative case involved a convicted rapist, who delayed his deportation despite not contesting it initially, ultimately prolonging his presence in the UK for over four years.

To combat this issue, the new Authority will facilitate a single appeal route, requiring claimants to present all relevant matters upfront. Late claims, particularly those raised just before removal, will be processed through an expedited system, allowing genuine concerns to be addressed while preventing tactical claims from delaying removals.

Streamlining Protection Categories and Enhancing Efficiency

As is currently the case, claimants will retain access to legal advice and representation, with legal aid available for those eligible. This support is critical for ensuring that appeals progress fairly and without unnecessary delays. Furthermore, in Part 3, clause 21 of the Bill, we introduce additional measures to ensure that decision-making remains efficient and equitable.

Presently, there are two distinct types of protection: refugee status and humanitarian protection, which possess similar entitlements and eligibility for settlement. This redundancy creates near-duplicate claims and complicates the system, slowing down the asylum process. This Bill will therefore consolidate these two forms of protection into a single “core protection model,” ensuring that each claim is assessed once with a singular outcome.