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19 July 2023
Issue: 8034 / Categories: Legal News , Immigration & asylum , Human rights
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Illegal Migration Act branded ‘senselessly cruel’

The Immigration Law Practitioners’ Association (ILPA) has joined a coalition of 290 lawyers, justice, immigration, housing, legal advice and rights groups to collectively condemn the passing of the Illegal Migration Act 2023.

The Act creates a duty to detain and remove to Rwanda or another country deemed safe by the government persons arriving in the UK by an unauthorised route such as by a small boat, regardless of whether they claim asylum.

The coalition includes Liberty, the Joint Council for the Welfare of Immigrants, the Law Centres Network, the Public Law Project, SMK Law Solicitors and Rights of Women.

Their statement calls the legislation a ‘senselessly cruel Act’ which ‘will have a devastating impact on people’s lives. It turns our country’s back on people seeking safety, blocking them from protection, support, and justice at a time they need it most’.

They warn the Act ‘risks breaching multiple international human rights treaties including the Refugee Convention and the European Convention on Human Rights while shielding the government from accountability.

‘The UK government has admitted that it cannot confirm if the Act is compatible with the UK’s obligations under the European Convention on Human Rights. The Act will force people into situations that threaten their lives—whether by placing children in detention or sending people off to countries where their lives might be at grave risk’.

The statement continues: ‘In stripping the most basic rights from people seeking safety and a better life, the Act dismantles human rights protections for all of us.’

The Act passed this week following a round of ping-pong between the two Houses of Parliament, after peers withdrew or were defeated on amendments intended to install 72-hour limits on the detention of children, modern slavery protections and exemptions for trafficking victims, and to ensure compliance with international human rights treaties. Peers also withdrew amendments preventing the removal of LGBT people to certain countries, and imposing a duty on the home secretary to create safe and legal routes to the UK for refugees.

Concessions granted by the government included that unaccompanied children will be granted bail after eight days in detention, and that pregnant women cannot be detained for more than 72 hours without ministerial authorisation.

The Bibby Stockholm, a barge that can house up to 500 asylum seekers, docked at Portland, Dorset on the morning after the legislation passed.

MOVERS & SHAKERS

Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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