Immigration, Asylum and Nationality Bill

My Lords, on behalf of my noble friend Lady Scotland of Asthal, I beg to move that this Bill be now read a second time. In February this year, the Government published a five-year strategy on asylum and immigration. Implementation of the five-year strategy is now underway. Most of the measures in the strategy can be put in place through changes to our existing processes and the immigration rules. This Bill covers those aspects of the strategy which require primary legislation. Migration presents undeniable benefits to this country. It is vital that economic migrants are able to fill the gaps in our labour market that cannot be filled from the domestic workforce, and that we maintain the valuable contributions that overseas students and visitors make to our educational institutions, the tourism industry and the wider economy. The Government will also continue to protect those genuinely fleeing persecution. However, we will not tolerate abuse of the system. The five-year strategy contains a programme of measures to make our immigration and asylum systems simpler, clearer and robust. There are four key elements to this work. First, we will introduce a new, points-based system for those coming to the UK to work or study. We have consulted widely to ensure that the system will be properly calibrated to target those workers whom we need most and that it will be straightforward for employers and applicants to use. This simplified system will be more transparent and objective, and robust against abuse. In line with the implementation of the points-based system, we are removing entry clearance appeal rights. Those measures are covered in Clauses 1 to 14. Secondly, we are putting in place a new asylum process which will enable us to fast track almost all new cases and to maintain contact with asylum seekers at key points in the process, so that we are in a better position to remove those whose claims are unfounded. That will be complemented by our new strategy on refugee integration launched in March of this year. Related measures are covered in Clauses 12, 29 and 44. Thirdly, we will strengthen our immigration controls to make it harder for people both to enter and to stay in the country illegally. We are putting in place a fully integrated immigration control that is intelligence-led and uses new technology to check people before they depart for the UK, on arrival, while they are here and on departure from the UK. That will be supported by measures to target employers of illegal workers. That is covered in Clauses 15 to 42. Fourthly, the modernised immigration control and new asylum process, together with major new investment in frontline staff, will enable us significantly to increase removal of failed asylum seekers. That will be facilitated through our expanding programme of co-operation on removals with major source countries. Clauses 45 and 46 cover those measures. Your Lordships will be only too aware that following the events of 7 and 21 July, the Government undertook a thorough review of our immigration, asylum and nationality laws in the light of the heightened risk from terrorism. As a result, we have brought forward a number of additional provisions, which were added to the Bill during its consideration in another place. Those provisions will deny asylum to those involved in terrorism and speed up the appeals process in national security deportation cases. They will also extend our powers to withhold and to remove British nationality and the right of abode in the UK where an individual is found to have engaged in behaviour which creates a climate in which extremism can take root. I turn briefly to the detail of the Bill. Clauses 1, 3 and 11 are concerned with appeal rights for people in the United Kingdom who are refused a further period of leave or who have their leave curtailed. At the moment, many people in that position are able to appeal twice: first, against the decision which brings their leave to an end and, subsequently, against a decision to enforce their removal from the UK. Clauses 1, 3 and 11 replace that system with a single appeal at the removal stage during which the appellant can challenge any earlier decision which gave rise to the decision to remove them from the country. An exception is made for people who have previously been granted leave in recognition of their need for protection. The provisions in Clause 1 will ensure that whenever there is a decision to withdraw refugee status, there will be a discrete right to challenge this decision. Clause 1 will also allow the Secretary of State to provide discrete rights of appeal against decisions to curtail or to refuse to vary other categories of leave. Those categories will be designated in secondary legislation. Clause 4 removes the full right of appeal against refusal of entry clearance for work and study routes. That policy was set out in the five-year strategy and was a manifesto commitment. Appeal rights will be focused on cases that raise fundamental issues of rights and protection. Full appeal rights will be maintained for people who are refused entry clearance as a family visitor or a dependant. The introduction of the points-based scheme will ensure that the rules for entering the UK to work or as a student are clear and transparent. As was said in another place, the withdrawal of appeal rights will form part of the wider programme of work to implement the points-based system. Clause 5 limits the right of appeal against refusal of entry clearance or leave to enter if someone fails to provide a medical report or certificate when required. It will have no effect on the appeal rights of someone who provides the requested report, whatever its contents may be. I will explain the purpose of Clause 7 later alongside other provisions which have been inserted in the Bill following the July events. Clause 9 prevents appeals from being abandoned due to a grant of leave when the appellant may wish to continue with his or her challenge. Clause 13 ensures that a person who has complied with the terms of his leave shall not be committing an immigration offence during any appeal against a removal decision brought in the UK. A key provision is to tackle effectively illegal working by punishing those who use workers who are not legally allowed to seek paid employment in the UK. Clauses 15 to 24 create a new civil penalty for employers of illegal workers and set out how the scheme will work. In particular, Clauses 15 and 16 set out the circumstances in which a penalty may be issued to an employer found to be using illegal workers; the requirements that employers must fulfil to be able to prove that they have taken reasonable steps to assure themselves that employees are entitled to work in the UK; and grounds—