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Border Security, Asylum and Immigration Bill

My Lords, I will also speak to Amendments 107, 108 and 111 standing in my name. They are all linked to the amendments in the previous group and once again are aimed at understanding exactly why the Government are repealing each of these clauses.

First and foremost, Amendment 106 rightly acknowledges the unique vulnerability of unaccompanied children. Unlike adults, these children do not have the benefit of parental guidance, support or protection, which fundamentally changes the context in which any immigration or removal decision should be made. The exemption from removal under proposed new subsection (1) reflects the humane principle that children, especially those who arrive without guardians, require special consideration. At the same time, the amendment

incorporates a balanced discretion for the Secretary of State to make exceptions, but, crucially, only in narrowly defined and principled circumstances. This discretion is limited to cases of family reunion or removal to a safe state to which the child has a clear connection, such as nationality or passport holding. This would ensure that the state maintains the ability to act in the best interests of the child and public policy without resorting to indiscriminate removals.

Amendment 107 would bring much-needed clarity and accountability to the handling of European Court of Human Rights interim measures, in relation to the duty to remove under Amendment 105. Interim measures, often issued to prevent irreparable harm while a full hearing is pending, are a critical tool in safeguarding human rights. However, this amendment rightly recognises that these measures must be balanced with national sovereignty and the Government’s responsibility to manage immigration effectively. First, the amendment would establish that the decision to give effect to a European Court of Human Rights interim measure is the discretionary personal responsibility of a Minister of the Crown. This personal involvement emphasises the gravity of the decision, ensuring that it is not delegated lightly or handled bureaucratically. Such a provision would enhance political accountability, requiring Ministers to engage directly with complex legal and humanitarian issues rather than allowing automatic suspension of removal without sovereign consideration.

Furthermore, by restricting the obligation of immigration officials, courts and tribunals to give effect to the interim measure where a Minister has chosen not to recognise it, the amendment would prevent conflicting mandates within the system. This avoids a confusing legal limbo where different authorities might take contradictory positions regarding removal actions that undermine coherence and efficiency in immigration enforcement. This provision strikes a pragmatic balance between respecting international human rights obligations and preserving the Government’s capacity to maintain effective border control. It avoids rigid, automatic enforcement of interim measures that could paralyse immigration functions while still providing a structured framework to engage with the European court’s decisions.

Amendment 108 is a crucial step towards ensuring the duty in Amendment 105 is not needlessly hobbled, and that anyone who enters illegally is removed no matter who they are. It would tackle head-on abuse of asylum and human rights claims, a process that can delay removals and undermine the integrity of the immigration system. The amendment would make it clear that, for individuals meeting the statutory conditions for removal, any protection claim, human rights claim, trafficking or slavery victim claim or application for judicial review cannot be used to delay or frustrate the removal process.

This is vital. Currently, the system is frequently exploited through repeated and sometimes frivolous claims, causing prolonged uncertainty, administrative backlog and resource drain on the Home Office and courts. Declaring claims inadmissible at the outset when conditions for removal are met would significantly reduce abuse. It sends a strong message that these legal

routes are not loopholes for indefinite delay. This also enables faster removal decisions, preserving our ability to control our borders effectively.

We have also included a judicial ouster clause in this amendment to prevent courts from setting aside inadmissibility declarations, promoting legal certainty and finality in removal proceedings. This avoids protracted litigation and vexatious legal challenges, which often tie up judicial resources without improving outcomes for genuine claimants.

Finally, Amendment 111 addresses the question of what support, if any, is available to individuals whose asylum or related claims are declared inadmissible under these amendments. By amending the Immigration and Asylum Act 1999 and related legislation, the proposed clause ensures that the withdrawal or withholding of support aligns consistently with the inadmissibility framework. This is essential for legal clarity and operational coherence. Without these amendments, there would be a disconnect between the removal of rights to remain and the removal of support, potentially creating gaps or confusion in how support is administered. The amendment ensures that, when a person’s claim is declared inadmissible under the new rules, the support framework adjusts accordingly, reflecting that the individual is no longer entitled to certain forms of state assistance. It also protects the integrity of the asylum support system by preventing those whose claims do not meet the admissibility criteria from accessing support intended for genuine asylum seekers. I beg to move.