Immigration and Asylum Bill

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

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Showing Clause 13 only. View the whole Bill ← clause 12clause 14 →

212 amendments tabled at Committee stage, House of Commons, 62 by the Government, the ones most likely to become law. 69 are new in the last 7 days. So far 22 agreed, 15 rejected and 23 withdrawn or not pressed; the Committee next sits on Tuesday 20 October.

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Part 1 — The Independent Immigration Appeals Authority

13

13 — Inspections

amends 2 amendments
(1)The UK Borders Act 2007 is amended as follows.
(2)In section 48 (Chief Inspector of UK Border Agency)—
(a)in subsection (1A), at the end insert—;
(f)the IIAA.
(b)in subsection (2)(d), for “and applicants” substitute “, applicants and appellants”;
(c)after subsection (2) insert—;
(2ZA)When monitoring and reporting on the performance of functions by the IIAA, the Chief Inspector must also consider and make recommendations about the efficiency and effectiveness of the IIAA’s process, including in particular—
(a)the accessibility of the IIAA’s premises;
(b)the access that parties to IIAA proceedings have to technology necessary for those proceedings;
(c)the quality and effectiveness of training for IIAA adjudicators.
(d)after subsection (3A) insert—
(3B)In this section, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(3)In section 50 (reports), at the end insert—
(4)This section does not apply in relation to the performance of functions by the IIAA (see section 50A).
(4)After section 50 insert—
50AReports relating to the IIAA
(1)This section applies in relation to the performance of functions by the IIAA.
(2)The Chief Inspector must report in writing to the Secretary of State and the Chief Executive of the IIAA—
(a)once each calendar year, and
(b)at other times as requested by the Secretary of State in relation to matters specified in the request.
(3)After receiving a report, the Chief Executive of the IIAA must send to the Secretary of State a written response to the report setting out—
(a)the extent to which the recommendations in the report are accepted, and
(b)any steps the Chief Executive proposes the IIAA take in response to the report.
(4)The Secretary of State must lay before Parliament—
(a)a copy of each report received under subsection (2), and
(b)a copy of each response received under subsection (3).
(5)But a copy of a report or response may omit material if the Secretary of State thinks that its publication—
(a)is undesirable for reasons of national security, or
(b)might jeopardise an individual’s safety.
(6)In this section (and section 50), “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
Inserts a new provision into UK Borders Act 2007 — after section 50

The inserted text is set out above. · view UK Borders Act 2007 on legislation.gov.uk ↗

Amends UK Borders Act 2007, section 48 — Establishment
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
UK Borders Act 2007 — section 48
(1) The Secretary of State shall appoint a person as Chief Inspector of the UK Border Agency.
(1A) The Chief Inspector shall monitor and report on the efficiency and effectiveness of the performance of functions by the following—
(a) designated customs officials, and officials of the Secretary of State exercising customs functions;
(b) immigration officers, and officials of the Secretary of State exercising functions relating to immigration, asylum or nationality;
(c) the Secretary of State in so far as the Secretary of State has general customs functions;
(d) the Secretary of State in so far as the Secretary of State has functions relating to immigration, asylum or nationality;
(e) the Director of Border Revenue and any person exercising functions of the Director.
(f) the IIAA.
(1B) The Chief Inspector shall monitor and report on the efficiency and effectiveness of the services provided by a person acting pursuant to arrangements relating to the discharge of a function within subsection (1A).
(2) ... In particular, the Chief Inspector shall consider and make recommendations about—
(a) consistency of approach among the persons listed in subsections (1A) and (1B) (the “listed persons”),
(b) the practice and performance of the listed persons compared to other persons doing similar things,
(c) practice and procedure in making decisions,
(d) the treatment of claimants and applicants, applicants and appellants,
(e) certification under section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (unfounded claim),
(f) compliance with law about discrimination in the exercise of functions, including reliance on section 19D of the Race Relations Act 1976 (c. 74) paragraph 17 of Schedule 3 to the Equality Act 2010 (exception for immigration functions),
(g) practice and procedure in relation to the exercise of enforcement powers (including powers of arrest, entry, search and seizure),
(ga) practice and procedure in relation to the prevention, detection and investigation of offences,
(gb) practice and procedure in relation to the conduct of criminal proceedings,
(gc) whether customs functions have been appropriately exercised by the Secretary of State and the Director of Border Revenue,
(h) the provision of information,
(i) the handling of complaints, and
(j) the content of information about conditions in countries outside the United Kingdom which the Secretary of State compiles and makes available, for purposes connected with immigration and asylum, to immigration officers and other officials.
(2ZA) When monitoring and reporting on the performance of functions by the IIAA, the Chief Inspector must also consider and make recommendations about the efficiency and effectiveness of the IIAA’s process, including in particular—
(a) the accessibility of the IIAA’s premises;
(b) the access that parties to IIAA proceedings have to technology necessary for those proceedings;
(c) the quality and effectiveness of training for IIAA adjudicators.
(2A) Unless directed to do so by the Secretary of State, the Chief Inspector shall not monitor and report on the exercise by the listed persons of—
(a) functions at removal centres and short term holding facilities and in pre-departure accommodation, and under escort arrangements, in so far as Her Majesty's Chief Inspector of Prisons has functions under section 5A of the Prison Act 1952 in relation to such functions, and
(b) functions at detention facilities, in so far as Her Majesty's Inspectors of Constabulary, the Scottish inspectors or the Northern Ireland inspectors have functions by virtue of section 29 of the Borders, Citizenship and Immigration Act 2009 in relation to such functions.
(3) ................................
(3A) In this section “ customs function ”, “ designated customs official ” and “ general customs function ” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.
(3B) In this section, “the IIAA” means the Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.
(4) The Chief Inspector shall not aim to investigate individual cases (although this subsection does not prevent the Chief Inspector from considering or drawing conclusions about an individual case for the purpose of, or in the context of, considering a general issue).
Amends UK Borders Act 2007, section 50 — Reports
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
UK Borders Act 2007 — section 50
(1) The Chief Inspector shall report in writing to the Secretary of State—
(a) once each calendar year, in relation to the performance of the functions under section 48 generally, and
(b) at other times as requested by the Secretary of State in relation to specified matters.
(2) The Secretary of State shall lay before Parliament a copy of any report received under subsection (1).
(3) But a copy may omit material if the Secretary of State thinks that its publication—
(a) is undesirable for reasons of national security, or
(b) might jeopardise an individual's safety.
(4) This section does not apply in relation to the performance of functions by the IIAA (see section 50A).
About the provision this changes
Explanatory Notes · published by the Government with the Bill
105. This clause amends the UK Borders Act 2007 (UKBA 2007) to bring the Independent Immigration Appeals Authority (IIAA) within the remit of the Independent Chief Inspector of Borders and Immigration. 106. Subsection (2) inserts new subsection (2ZA) into section 48 of UKBA 2007. This provides that, when monitoring and reporting on the IIAA, the Chief Inspector must also consider and make recommendations about the efficiency and effectiveness of the IIAA’s process. 107. Subsections (3) and (4) amend the reporting provisions in the UK Borders Act 2007. They disapply the existing section 50 reporting arrangements in relation to the IIAA and insert a new section 50A dealing specifically with reports about the IIAA. 108. Subsection (4) inserts a new section 50A requiring the Chief Inspector to report in writing to the Secretary of State and the Chief Executive of the IIAA once each calendar year, and at other times as requested by the Secretary of State in relation to specified matters. It also requires the Chief Executive of the IIAA to provide a written response to each report, setting out the extent to which recommendations are accepted and any steps the IIAA expects to take in response. 109. The Secretary of State must lay before Parliament both the Chief Inspector’s report and the IIAA Chief Executive’s response. The clause allows material to be omitted from a report or response before publication where the Secretary of State considers that publication would be undesirable for reasons of national security or might jeopardise an individual’s safety.
Amendments tabled 2 · 1 would remove the whole clause · 2 decided

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 1 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 10, line 17, leave out Clause 13

No explanatory statement was published with this amendment.

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

Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office) supported by Matt Vickers Adds words Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson

This probing amendment would require the Chief Inspector’s reports on the IIAA to cover the outcomes of its work – decisions set aside on appeal and removals after dismissed appeals – as well as process.

Effect on the clause · the printed text with this amendment applied
10:32(c) the quality and effectiveness of training for IIAA
10:33adjudicators.”;
(d) the proportion of decisions of the IIAA set aside on appeal to the Upper Tribunal;
(e) the number of persons removed from the United Kingdom following the dismissal of an appeal by the IIAA.
10:34(d) after subsection (3A) insert—
The amendment · as tabled, addressed to the printed Bill
Clause 13, page 10, line 33, at end insert—
“(d) the proportion of decisions of the IIAA set aside on appeal to the Upper Tribunal;
(e) the number of persons removed from the United Kingdom following the dismissal of an appeal by the IIAA.”

This amendment was debated and rejected, following a vote.

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