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Coalition urges repeal of harmful provisions in Border Security, Asylum and Immigration Bill

Release Date
2025-04-15
Media
Electronic Immigration Network
Summary
The Coalition for Asylum Rights and Justice (CARJ), alongside the legal charity Justice, has released a joint briefing urging significant amendments to the UK Government’s Border Security, Asylum and Immigration Bill ahead of its Report Stage in the House of Commons.

CARJ—a coalition of nine human rights and legal aid organisations—supports the repeal of the Safety of Rwanda Act (2024) and most of the Illegal Migration Act (2023), but warns that the current Border Security Bill could further erode the rights of asylum seekers, trafficking survivors, and people with limited immigration status.

The coalition is especially concerned about Clauses 13 to 18, which introduce new immigration-related criminal offences, such as collecting information or handling items related to immigration crime and “endangering others” during sea crossings. CARJ warns these could unfairly criminalise vulnerable migrants acting under duress. They call for clearer safeguards, including requiring proof of intent and financial gain, to ensure that only smugglers—not victims—are prosecuted.

CARJ also objects to parts of the Illegal Migration Act that remain in the new Bill. For instance, Clause 38 keeps Section 12 of the IMA, shifting the legal test for immigration detention to the discretion of the Home Secretary, weakening legal safeguards. Section 29 could exclude trafficking victims from protection based on prior criminal records, even if those crimes were committed under coercion.

The group also opposes Section 59, which blocks asylum claims from certain countries unless "exceptional circumstances" apply—despite ongoing human rights concerns in countries like Albania, India, and Georgia.

Another point of concern is Clause 41(17), which would give retrospective legal effect to new detention powers, potentially legitimising practices already challenged in court.

Beyond the current Bill, CARJ also calls for the repeal of parts of the Nationality and Borders Act 2022, which they describe as unworkable and damaging—especially measures that make it harder to assess asylum claims fairly.

Finally, the coalition urges Parliament to reject New Clause 43, which would give the Home Secretary unchecked powers to impose curfews and electronic monitoring on individuals with limited leave to remain. They describe it as discriminatory and lacking in judicial oversight.

In summary, CARJ and Justice argue that the Bill, in its current form, undermines legal protections and human rights, and they call for major changes to protect vulnerable migrants and uphold the rule of law.
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UK

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