Immigration and Asylum Bill

Andy Slaughter Excerpts

2nd reading
Monday 13th July 2026 Commons Chamber

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

In the time that I have, I will focus my remarks on clauses 1 to 16, which create a new appeals body for immigration and asylum cases known as the independent immigration appeals authority. It will be staffed by non-lawyers or members of the public and will perform much of the work currently done by the first-tier tribunal immigration and asylum chamber.

The backlogs in the FTT have reached around 60 weeks for cases to be heard—11 weeks longer than a year ago. It is vital, however, that such reforms are properly thought out and resourced. Last week, the Justice Committee took evidence from experts in the sector. The Committee has taken a keen interest in the proposals since they were announced last year and has visited the first-tier tribunal. We saw a system under great operational strain, but with judges doing a good and efficient job. From that visit, our diagnosis was that these are operational problems.

There are two key questions for the House: will the IIAA fix the problems with the current system, and will it be truly independent from the Home Office? On the first point, while I do not have time to give all the figures, a big part of the problem is the poor quality of initial decision making, with 45% of decisions being overturned. How will a body staffed by members of the public, as opposed to judges and legal experts, result in a reduction of errors in a complex area of law?

A further risk created by an increase in errors is that it may shift the current backlog in the first-tier tribunal to the upper tribunal. It is not clear from the impact assessment accompanying the Bill that enough thought has been given to the potential impact on the upper tribunal. It is also fair to assume that non-expert adjudicators will take more time to hear cases than judges would, given the complexities of asylum cases. There is insufficient legal aid available, which is likely to lengthen hearings as well.

On the second point—the issue of independence—the Home Secretary says that the IIAA will be independent from the Home Office and puts the word in its title, but the Bill contains provisions for the Home Secretary to expedite cases, to set the length of time for cases, and to appoint the chair and chief executive. The IIAA is effectively a quango over which the Home Secretary has substantial control. I cannot do further justice to the issue in the time available, but I would like to see that this body, if it is set up, is independent and able to make sensible and judicial decisions. I do not see that at the moment with what is in the Bill.