Immigration and Asylum Bill

Now at: Committee stage, House of Commons · text shown: Bill 105 · as introduced (30 June 2026) · checked 17 October 2026

Bill documents (21)

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Part 1 — The Independent Immigration Appeals Authority

12 — Late claims process for certain recipients of claim notices

amends 5 amendments · 4 Government

(1)Where the recipient of a claim notice provides any information in response to the notice after the claim notice deadline—

(a)at any time when they are detained under a relevant detention provision, or

(b)at any time after they have been given a notice of departure details,

all appeal proceedings relating to the recipient are subject to the late claims process.

(2)Where proceedings are subject to the late claims process, a person exercising case management functions of the IIAA must ensure that, as far as reasonably practicable, those proceedings are prioritised over any appeal proceedings that are not subject to the late claims process.

(3)In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3 (exercise of power to grant immigration bail), in sub-paragraph (2), after paragraph (e) insert—.

(eza)whether the late claims process, as provided for in section 12 of the Immigration and Asylum Act 2026, applies in relation to any proceedings before the IIAA relating to the person (or, if the person has not yet commenced any such proceedings, whether the late claims process would be likely to apply to them),

(4)In this section — “appeal proceedings” means any proceedings before the IIAA other than proceedings relating to an application for immigration bail; “claim notice” and “claim notice deadline” have the meanings given in section 11; “notice of departure details” means a notice of departure details given under section 10A of the Immigration and Asylum Act 1999; “relevant detention provision” means— (a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal); (b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation); (c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); (d) section 36(1) of the UK Borders Act 2007 (detention pending deportation).

Amends Immigration Act 2016, Schedule 10, para 3 — 3

As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗

Immigration Act 2016 — Schedule 10, para 3

(1) The Secretary of State or the First-tier Tribunal must have regard to the matters listed in sub-paragraph (2) in determining—

(a) whether to grant immigration bail to a person, and

(b) the conditions to which a person's immigration bail is to be subject.

(2) Those matters are—

(a) the likelihood of the person failing to comply with a bail condition,

(b) whether the person has been convicted of an offence (whether in or outside the United Kingdom or before or after the coming into force of this paragraph),

(d) the likelihood of the person's presence in the United Kingdom, while on immigration bail, causing a danger to public health or being a threat to the maintenance of public order,

(e) whether the person's detention is necessary in that person's interests or for the protection of any other person,

(eza) whether the late claims process, as provided for in section 12 of the Immigration and Asylum Act 2026, applies in relation to any proceedings before the IIAA relating to the person (or, if the person has not yet commenced any such proceedings, whether the late claims process would be likely to apply to them),

(ea) whether the person has failed without reasonable excuse to cooperate with any process—

(i) for determining whether the person requires or should be granted leave to enter or remain in the United Kingdom,

(ii) for determining the period for which the person should be granted such leave and any conditions to which it should be subject,

(iii) for determining whether the person’s leave to enter or remain in the United Kingdom should be varied, curtailed, suspended or cancelled,

(iv) for determining whether the person should be removed from the United Kingdom, or

(v) for removing the person from the United Kingdom, and

(f) such other matters as the Secretary of State or the First-tier Tribunal thinks relevant.

(3) A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.

(4) A person must not be granted immigration bail by the First-tier Tribunal without the consent of the Secretary of State if—

(a) directions for the removal of the person from the United Kingdom are for the time being in force, and

(b) the directions require the person to be removed from the United Kingdom within the period of 21 days beginning with the date of the decision on whether the person should be granted immigration bail.

(5) If the Secretary of State or the First-tier Tribunal decides to grant, or to refuse to grant, immigration bail to a person, the Secretary of State or the Tribunal must give the person notice of the decision.

(6) Where the First-tier Tribunal is required under sub-paragraph (5) to a give a person notice of a decision, it must also give the Secretary of State notice of the decision.

(7) Where the decision is to grant immigration bail, a notice under sub-paragraph (5) or (6) must state—

(a) when the grant of immigration bail commences, and

(b) the bail conditions.

(8) The commencement of a grant of immigration bail may be specified to be conditional on arrangements specified in the notice being in place to ensure that the person is able to comply with the bail conditions.

About the provision this changes

Cases citing Sch.10 para 3: 6 — BRO, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 2231 (Admin); H18 v The Secretary of State for the Home Department SC/215/2024; Mark Nelson, R (on the application of) v The Secretary of State for the Home Department [2024] UKUT 141 (IAC)

Explanatory Notes · published by the Government with the Bill

99. Clause 12 provides for a “late claims process” which applies to appeals before the IIAA where a person provides information in response to a claim notice after the claim notice deadline. 100. Subsection (1) specifies that the process applies where such information is provided while the person is detained or after they have been given a notice of departure details. 101. Subsection (2) provides that where proceedings are subject to the late claims process, the IIAA must, so far as reasonably practicable, prioritise those proceedings over other appeals. 102. Subsection (3) amends immigration bail provisions to require decision makers to take account of whether the late claims process applies or is likely to apply to the person when considering whether to grant immigration bail. 103. Subsection (4) contains definitions which have the effect that appeals routed through this “late claims process” will not be prioritised over bail decisions. They also define notice of departure details and reference the relevant powers for detention. 104. The provision is intended to support earlier disclosure of claims and enable more efficient and expedited determination of late claims.

Amendments tabled 5, including 4 from the Government · 1 would remove the whole clause · 5 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 4 agreed, 0 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 12

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 9, line 21, leave out Clause 12

No explanatory statement was published with this amendment.

This amendment was not chosen for debate by the Chair/Speaker.

Amendment 39 Government

Anna Turley, Minister of State (Home Office) Adds words Agreed

Explanatory statement · what it would do, in the words of the Government

This amendment, and amendment 42, would mean that the late claims process would not apply where a person provided only modern slavery information (rather than immigration information) in response to a claim notice after the deadline and at a time when they were in immigration detention or had been given a notice of departure details.

Effect on the clause · the printed text with this amendment applied

9:2112 Late claims process for certain recipients of claim notices

9:22(1) Where the recipient of a claim notice provides any immigration information in response

9:23to the notice after the claim notice deadline—

The amendment · as tabled, addressed to the printed Bill

Clause 12, page 9, line 22, after “any” insert “immigration”

This amendment was agreed to.

Amendment 40 Government

Anna Turley, Minister of State (Home Office) Replaces words Consequential Agreed

Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 37.

Effect on the clause · the printed text with this amendment applied

9:343 (exercise of power to grant immigration bail), in sub-paragraph (2), after

9:35paragraph ~~(e)~~(eza) (inserted by section 9) insert—

9:36“(eza) whether the late claims process, as provided for in section 12

The amendment · as tabled, addressed to the printed Bill

Clause 12, page 9, line 35, leave out ~~“(e)”~~ and insert “(eza) (inserted by section 9)”

This amendment was agreed to.

Amendment 41 Government

Anna Turley, Minister of State (Home Office) Replaces words Consequential Agreed

Explanatory statement · what it would do, in the words of the Government

This amendment is consequential on amendment 37.

Effect on the clause · the printed text with this amendment applied

9:36“(eza) whether the late claims process, as provided for in section 12

9:37of ~~the Immigration and Asylum Act 2026~~that Act, applies in relation

9:38to any proceedings before the IIAA relating to the person (or,

The amendment · as tabled, addressed to the printed Bill

Clause 12, page 9, line 37, leave out ~~“the Immigration and Asylum Act 2026”~~ and insert “that Act”

This amendment was agreed to.

Amendment 42 Government

Anna Turley, Minister of State (Home Office) Adds words Agreed

Explanatory statement · what it would do, in the words of the Government

See the explanatory statement for amendment 39.

Effect on the clause · the printed text with this amendment applied

10:3“claim notice” and “claim notice deadline” have the meanings given in

10:4section 11;

“immigration information” means—

(a) information within paragraphs (a), (b) or (c) of subsection (2) of section 11;

(b) information within paragraph (e) of subsection (2) of section 11 that consists of evidence in support of a matter mentioned in paragraph (a), (b) or (c) of that subsection;

10:5“notice of departure details” means a notice of departure details given

The amendment · as tabled, addressed to the printed Bill

Clause 12, page 10, line 4, at end insert—

““immigration information” means—

(a) information within paragraphs (a), (b) or (c) of subsection (2) of section 11;

(b) information within paragraph (e) of subsection (2) of section 11 that consists of evidence in support of a matter mentioned in paragraph (a), (b) or (c) of that subsection;

This amendment was agreed to.

Proposed new clause from the Government, to go after clause 12: Late claims process: credibility New clause 3 · Not yet debated

New clause 3 Late claims process: credibilityGovernment

Anna Turley, Minister of State (Home Office) New clause Not yet debated

Explanatory statement · what it would do, in the words of the Government

This new clause would insert a new clause, to go after clause 12, providing that, where proceedings are subject to the late claims process (see clause 12), the appellant’s credibility is damaged. And if such an appellant provides evidence late, their credibility is damaged further. It also requires IIAA adjudicators to make a statement about the application of this section.

The proposed clause · as tabled

Show the full text (26 lines)

(1) This section applies to proceedings that are subject to the late claims process (see section 12).

(2) In determining whether to believe a statement made by or on behalf of the appellant, an IIAA adjudicator must take account, as damaging the appellant’s credibility, of the fact that they provided late information.

(3) But if the IIAA adjudicator considers that there are good reasons why the appellant provided the information late, the adjudicator may decide that subsection (2)—

(a) applies to a lesser extent than it would if there were no good reasons, or

(b) does not apply at all.

(4) If in the course of the proceedings the appellant provides late evidence, an IIAA adjudicator must take that fact into account, as damaging the appellant’s credibility.

(5) But if the IIAA adjudicator considers that there are good reasons to do so, they may decide that subsection (4)—

(a) applies to a lesser extent than it otherwise would, or

(b) does not apply at all.

(6) The IIAA adjudicator must include, as part of their reasons for a decision that disposes of the proceedings, a statement explaining—

(a) how the adjudicator has applied subsection (2), and in particular—

(i) the extent to which they decided that the appellant’s credibility was damaged by the provision of late information,

(ii) the impact any credibility damage had on the determination of the appeal, and

(iii) if the appellant provided reasons for the provision of late information, what those reasons were and how they affected the application of subsection (2);

(b) whether the adjudicator has applied subsection (4), and in particular—

(i) whether the appellant provided late evidence and if so what that evidence was,

(ii) the extent to which the adjudicator decided that the appellant’s credibility was damaged by the provision of late evidence,

(iii) the impact any credibility damage had on the determination of the appeal, and

(iv) if the adjudicator considered that there were good reasons as mentioned in subsection (5), what those reasons were and how they affected the application of subsection (4).

(7) In this section—

“late evidence” means evidence provided to the IIAA after any deadline imposed in relation to the evidence by or under IIAA Procedure Rules;

“late information” means immigration information provided by the recipient of a claim notice in response to the notice—

(a) after the claim notice deadline, and

(b) at a time when the recipient was detained or had been given a notice of departure details as mentioned in section 12(1)(a) or (b);

“immigration information” has the meaning given in section 12;

“claim notice” and “claim notice deadline” have the meanings given in section 11.”