Migrants who come to the UK illegally could be prevented from appealing against their deportation under Rishi Sunak’s plan to stop small boats crossing the English Channel.
The Government is currently working on an Illegal Immigration (Offences) Bill aimed at preventing entry into the English Channel.
One proposal that would be considered would be to end the right of people arriving illegally to launch a judicial review against their automatic exclusion from the asylum system – one of the main objectives of the new Bill.
A less radical option would allow them to appeal only until they are expelled, The Times reported.
The Government is also understood to be looking at ways to remove the influence of the European Court of Human Rights (ECHR) when considering appeals, including through a “notwithstanding clause” which would order British courts to ignore making ECCD controls in specific cases.
The suggestions that they violate international law are likely to attract criticism.
The Telegraph understands that the Government will not bring the Bill forward until after the parliamentary recess, meaning the end of this month would be the earliest it could be introduced.
A government source said the Bill had been held up amid ongoing attempts by the Home Office and Number 10 to make it legally “deadlocked”, given the controversial provisions aimed at the ability to deport illegal migrants. to avoid.
An ally of Suella Braverman, the Home Secretary, said the Bill needed to be “right the first time” and there was an “overwhelming need to get this legal proof from a bomb”.
Although the Government has emphasized the need to ensure that the Bill survives a legal challenge, Tory backbenchers are increasingly frustrated by the delay.
Marco Longhi, a vocal campaigner for measures to discourage illegal immigration, told the Telegraph that he was “yet to be convinced” of the Government’s plans, “because we have had initiative after initiative and it has been scuppered every time under the flag. on human rights”.
“We’ve been marching uphill and back so many times now”, said the Tory MP for Dudley North.
Mr Longhi also claimed that MPs in his own party had blocked Downing Street from taking stronger action to restrict the boats.
He said: “I believe Number 10 is trying to sort this out. But they know there are some MPs on their side who feel they need to show their sense of altruism more and keep the CERD at all costs.”
He also said that some MPs took a late interest in the issue only when migrants were accommodated in luxury hotels in their constituencies.
“They are filling their own hotel with illegal immigrants who can no longer afford to go for afternoon tea,” he said.
A former minister said he was “very disappointed” that there had still been “no action” after more than 100 days since Mr Sunak was in power.
“Many of the backbenchers are very upset about this now and are raising points with their Shepherd or Ministers,” they said.
Under pressure to deliver
Another MP said they were happy to give Mr Sunak a little more time: “I’m happy to give them the benefit of the doubt and see what it brings. We’ve seen a lot of false starts on illegal immigration, so I’d rather it take time and be successful.”
However, they said: “If it looked like we were heading towards a general election without resolving this, there would be unrest within the parliamentary party. He has to deliver this.”
A Home Office spokesman said: “The unacceptable number of people risking their lives by making these dangerous crossings is putting unprecedented pressure on our asylum system.
“Stopping this and preventing these illegal crossings is our priority, and our new Small Boat Operations Command – bolstered by hundreds of extra staff – is working hard to disrupt the business model of people smugglers.
“We are also going further by introducing legislation which will ensure that those who come to the UK illegally are detained and swiftly removed to their home country or a safe third country.”