(1)A body corporate called the Independent Immigration Appeals Authority (the “IIAA”) is established.
(2)The primary function of the IIAA is to decide—
(a)appeals against decisions of the Secretary of State relating to protection claims and human rights claims (see Part 5 of the Nationality, Immigration and Asylum Act 2002),
(b)certain applications for immigration bail (see Schedule 10 to the Immigration Act 2016),
(c)appeals against decisions of the Secretary of State relating to deprivation of citizenship (see section 40A of the British Nationality Act 1981),
(d)appeals against decisions of the Secretary of State under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation, and
(e)appeals under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61).
(3)Schedule 1 contains amendments consequential on subsection (2) (transferring functions from the First-tier Tribunal to the IIAA).
(4)The IIAA must exercise its primary function with a view to ensuring that justice is done.
(5)In the exercise of its functions, the IIAA must—
(a)aim to be accessible, fair and independent,
(b)aim to handle its cases quickly and efficiently, and
(c)have regard to the public interest, and in particular to the fact that the IIAA operates as a key part of the immigration and asylum system.
(6)Every Minister of the Crown must uphold the independence of the IIAA and, in particular, must not seek to influence particular decisions of the IIAA through any special access to IIAA adjudicators.
(7)The IIAA may do anything it considers appropriate for the purposes of, or in connection with, its primary function.
(8)A decision of the IIAA in the exercise of, or in connection with, its primary function may be questioned in legal proceedings only in accordance with section 6 (power of IIAA to review own decisions) or section 7 (right of appeal to Upper Tribunal).
Explanatory Notes · published by the Government with the Bill
58. Clause 1 establishes the Independent Immigration Appeals Authority (IIAA). It details the primary function of the IIAA which is to determine appeals in relation to the cases listed, as well as its objectives: that justice is done, that it is accessible, fair and independent, that it handles cases quickly and efficiently and that it operates in the public interest.
59. This establishing clause puts a duty on every Minister of the Crown to uphold the IIAA’s independence.
60. Clause 1 also codifies that decisions of the IIAA may only be questioned in legal proceedings in accordance with the power of the IIAA to review its own decisions or the right of appeal to the Upper Tribunal. As a result, judicial reviews are not the appropriate grounds to challenge a matter that has been before the IIAA (including on case management grounds). The types of appeals to be heard by the IIAA are also detailed here. These are:
a. Appeals against decisions of the Secretary of State relating to protection claims and human rights claims,
b. certain applications for immigration bail,
c. appeals against decisions of the Secretary of State relating to deprivation of citizenship,
d. appeals against decisions of the Secretary of State under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as they continue to have effect following their revocation.
i. This instrument consolidated into domestic law the Council Directive 2004/38/EC of the 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. The 2016 Regulations set out the circumstances in which a person’s free movement rights may be restricted by removing or excluding them from the UK because of the threat their conduct poses.
ii. This is intended to cover any outstanding appeals in this area.
e. appeals under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61)
i. This instrument established, from exit day, a right of appeal for EU, other European Economic Area (EEA) and Swiss citizens and their family members against decisions affecting their entitlement to enter and remain in the UK under the EU Settlement Scheme (EUSS) or decisions in relation to EUSS family permits or travel permits.
Amendments tabled 7 · 1 would remove the whole clause · 7 decided
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 6 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 1, line 3, leave out Clause 1
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.
Green Party: Siân Berry, Green Spokesperson (Home)
Replaces words
Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would remove the requirement for the IIAA to “aim to” operate fairly and independently and handle cases quickly and efficiently, so that the IIAA instead has a duty to so act. It would also remove the requirement for the IIAA to have regard to the public interest.
Effect on the clause · the printed text with this amendment applied
1:24justice is done.
2:1(5) In the exercise of its functions, the IIAA must—
2:2(a) aim to be accessible, fair and independent,
2:3(b) aim to handle its cases quickly and efficiently, and
2:4(c) have regard to the public interest, and in particular to the fact that
2:5the IIAA operates as a key part of the immigration and asylum system.
(5) In the exercise of its functions, the IIAA must—
(a) be accessible, fair and independent,
(b) handle its cases quickly and efficiently.
2:6(6) Every Minister of the Crown must uphold the independence of the IIAA and,
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, leave out lines 1 to 5 and insert—
“(5) In the exercise of its functions, the IIAA must—
(a) be accessible, fair and independent,
(b) handle its cases quickly and efficiently.”
This amendment was debated and rejected, following a vote.
Liberal Democrat: Tom Gordon
supported by Mr Paul Kohler
Removes words
Rejected on a vote
Effect on the clause · the printed text with this amendment applied
2:1(5) In the exercise of its functions, the IIAA must—
2:2(a) aim to be accessible, fair and independent,
2:3(b) aim to handle its cases quickly and efficiently, and
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, line 2, leave out “aim to”
No explanatory statement was published with this amendment.
This amendment was debated and rejected, following a vote.
Liberal Democrat: Tom Gordon
supported by Mr Paul Kohler
Removes words
Rejected on a vote
Effect on the clause · the printed text with this amendment applied
2:3(b) aim to handle its cases quickly and efficiently, and
2:4(c) have regard to the public interest, and in particular to the fact that
2:5the IIAA operates as a key part of the immigration and asylum system.
2:6(6) Every Minister of the Crown must uphold the independence of the IIAA and,
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, leave out lines 4 and 5
No explanatory statement was published with this amendment.
This amendment was debated and rejected, following a vote.
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Replaces words
Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would require the IIAA to give effect to the public interest in effective immigration control, including the prompt removal of those with no right to remain, rather than merely to have regard to the public interest.
Effect on the clause · the printed text with this amendment applied
2:3(b) aim to handle its cases quickly and efficiently, and
2:4(c) have regard to the public interest, and in particular to the fact that
2:5the IIAA operates as a key part of the immigration and asylum system.
(c) give effect to the public interest in the effective enforcement of immigration control, including the prompt removal from the United Kingdom of persons who have no right to remain, having regard to the fact that the IIAA operates as a key part of the immigration and asylum system.
2:6(6) Every Minister of the Crown must uphold the independence of the IIAA and,
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, line 4, leave out paragraph (c) and insert—
“(c) give effect to the public interest in the effective enforcement of immigration control, including the prompt removal from the United Kingdom of persons who have no right to remain, having regard to the fact that the IIAA operates as a key part of the immigration and asylum system.”
This amendment was debated and rejected, following a vote.
Green Party: Siân Berry, Green Spokesperson (Home)
Removes words
Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would remove the provision which prevents individuals from being able to initiate judicial review proceedings against decisions made by the IIAA.
Effect on the clause · the printed text with this amendment applied
2:10in connection with, its primary function.
2:11(8) A decision of the IIAA in the exercise of, or in connection with, its primary
2:12function may be questioned in legal proceedings only in accordance with
2:13section 6 (power of IIAA to review own decisions) or section 7 (right of appeal
2:14to Upper Tribunal).
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, leave out lines 11 to 14
This amendment was debated and rejected, following a vote.
Conservative: Chris Philp, Shadow Home Secretary
supported by Matt Vickers
Removes words
Rejected on a vote
Explanatory statement · what it would do, in the words of Chris Philp
This amendment would mean that IIAA decisions could not be appealed to the upper tribunal.
Effect on the clause · the printed text with this amendment applied
2:12function may be questioned in legal proceedings only in accordance with
2:13section 6 (power of IIAA to review own decisions) or section 7 (right of appeal
2:14to Upper Tribunal).
The amendment · as tabled, addressed to the printed Bill
Clause 1, page 2, line 13, leave out from “decisions)” to the end of line 14
This amendment was debated and rejected, following a vote.