header-logo header-logo

25 March 2021
Categories: Legal News , Immigration & asylum
printer mail-detail

Law Society reacts to Patel’s asylum crackdown

Fewer asylum seekers may qualify under the changes proposed by Home Secretary Priti Patel, the Law Society has warned

Outlining her New Plan for Immigration in parliament this week, Patel said people who enter the UK ‘illegally’ [not through the government’s official programme] and whose asylum claim is successful would be given ‘temporary protection status’, as opposed to settlement rights, and would be regularly reassessed for removal. Their access to benefits and family reunion rights would also be limited, even after their asylum claim succeeded.

She said the authorities would deem claims inadmissible where people had entered the UK ‘illegally’ after travelling through a safe country. In contrast, those who arrive through the government’s resettlement programme would be given indefinite leave to remain on arrival.

Life sentences would be given to leaders or facilitators of organised crime gangs trafficking people to the UK.

A fast-track appeals process would be established, and action taken to ‘tackle the practice of meritless claims which clog up the courts with last minute claims and appeals,’ Patel said.

Law Society president I Stephanie Boyce said: ‘Proposals to hike the standard of proof for asylum claims could mean far fewer would qualify under the new regime, significantly reducing the protection the UK offers those fleeing persecution.

‘We will want to look at how the proposed two-tier system―which would treat refugees differently depending on how they arrived in this country―reflects the UK's obligations under international law. Any expansion of safe, legal routes for people fleeing persecution would be good news, but these must be established and shown to work, particularly as many legal routes ceased at the end of the Brexit transition period and have not been replaced.

‘We would also be very glad to see increased legal support for people claiming asylum as well as more access to early advice.’

Boyce said there was a backlog of asylum cases, with 67% of claimants having to wait more than six months for an initial decision. Home Office decision making needed improvement, she said, as a high proportion of appeals are upheld by judges (44% of asylum appeals as of December 2020).

‘Errors and delays are a huge waste of public resources, as well as unfair to applicants who may have had to wait years for a decision,’ she said.

‘What is needed is to reduce the growing backlog of claims and improve Home Office decision-making.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

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
back-to-top-scroll