Borders, Citizenship and Immigration Bill [HL]

I find this matter much more difficult than noble Lords who have spoken so far on this amendment. The reason is that a very large proportion of the immigration cases that are heard currently in the High Court raise issues of no great difficulty, based on the particular facts and circumstances of the individual applicant. For that reason, many of these cases at present are heard in the High Court not by High Court judges but by deputy High Court judges—circuit judges sitting as High Court judges, a reflection of the lack of complexity of these cases. Yet these cases do constitute a very substantial proportion of the workload of the High Court, taking up a very large proportion of the resources of the court. I can see good reason why many of these cases should be heard by the Upper Tribunal, especially as there will be a right of appeal to the Court of Appeal—if permission is granted—on any point of law. However, I have two concerns about Clause 50. First, is it really the Government’s intention to transfer all immigration judicial reviews to the Upper Tribunal? Do the Government recognise and accept that although many of these cases could be heard in the Upper Tribunal, there are undoubtedly some judicial reviews in this context which by reason of the complexity of the case, or by reason of the significance of the issues either generally or for the individual applicant, should indeed be heard by a High Court judge? If that is right, surely it is open to the Minister to think again about this matter and to come back to the Committee with a power that is more appropriately circumscribed. My second concern has already been expressed by the noble Lord, Lord Thomas of Gresford. I simply do not understand why nationality cases should be sent to the tribunal. These cases always, in my experience, involve complex issues of law and there are very few of them.