UK: April 28, 2022, The Controversial Nationality And Boundaries Bill ('Bill') Became Law; US-style Electronic Travel Authorization Except British and Irish Citizens

UK: On April 28, 2022, the controversial Nationality and Boundaries Bill ('Bill') became law. After months of debate, the Nationality and Boundaries Bill became law in April 2022. The Border Bill will allow the Home Office to increase the strength of the Border Force and impose harsher punishments to pursue the organized criminal gangs behind these dangerous journeys. The bill, which was first debated in Parliament in July 2021, was voted on by MPs in April 2022 and received royal approval despite strong opposition from campaigners.

Nationality and borders law will prevent illegal entry into the UK, undermine the business model of people smuggling networks and expedite the removal of those who have no right to be in the UK. This will free up the asylum system so that the Home Office can better support those in need of genuine asylum through safe and legal means, the government said in a statement.

Home Secretary Priti Patel Patel spoke on the legislation.

"This is a great milestone in our commitment to our promise to the British - a fair but sound immigration system." However, those who label the bill "anti-refugee" are less enthusiastic.

What is the Nationality and Borders Act?
The Nationality and Borders Act 2022 (‘the Act’) is part of the government’s New Plan for Immigration, a strategy which aims, among other things, to deter illegal entry into the UK and remove people without permission to stay. The Act is a cornerstone of this plan and seeks to “overhaul” the UK’s asylum system.

The Act introduces a raft of changes, including:

• Penalties: Harsher penalties for people smugglers (with a maximum sentence of life imprisonment) as well as individuals who illegally enter the UK or overstay (up to four years’ imprisonment). Additional penalties have also been introduced for late submission of evidence, which undermine the claimant’s credibility or the weight attached to their evidence.
• Two-tier system: Individuals who arrive in the UK by irregular means may receive less favorable treatment and support. This measure will particularly affect individuals arriving to the UK on small boats via the Channel.
• Appeal: Removing stages of appeal or fast-tracking in certain circumstances, which the Home Office labels the “merry-go-round of legal challenges”.
• Tribunal powers: The Immigration Tribunal has been granted additional powers, including the power to fine lawyers for improper, unreasonable or negligent conduct.
• ETA scheme: Introducing a US-style Electronic Travel authorization (‘ETA’) scheme which requires all individuals (except British and Irish citizens) to seek permission to travel to the UK in advance. The scheme will be operational by the end of 2024. Suppress adults who pretend to be children by introducing scientific methods of age determination. A new US-style electronic travel authorization scheme to close the door on criminals before they even get here
• Standard of proof: Increasing the standard of proof from “reasonable likelihood” to “the balance of probabilities” (used in civil claims) when assessing whether someone has faced persecution.

What is the reaction to the law?

The law has been the subject of heated debate in Parliament and the media. The Bill suffered several defeats in the House of Lords, and as a result some of the serious provisions in the original text were watered down or removed altogether.

Opposition parties and charities have unleashed violent attacks on the bill, with the UNCHR saying the law would "punish the majority of asylum seekers [in the UK]", while the Refugee Council branded the law "inhumane."

The Law Society also published a critical response to the law, saying it had "significant concerns" about the possibility of legal action. In particular, it raised concerns that the imposition of fines on refugees arriving in the UK randomly was inconsistent with the 1951 Refugee Convention.

Charities, including the Kent Refugee Action Network, shared their concerns and anger as the bill would affect thousands of people seeking to settle in the UK. KRAN responded on Twitter: “The government has succeeded in enforcing the Nationality and Border Bill. All those working in the refugee sector went backwards together but we failed. Although this is not the end - kindness and dignity will ultimately remain. We are absolutely sure of that. ”

What is next?

Officers, prosecutors, case workers and judges will be able to make full use of these new powers from the summer when new guidelines and training are issued.

Priti Patel has said the government will “work tirelessly” to deliver the reforms under the Act. This includes establishing agreements with “safe third countries” to send asylum applicants whose claims have been deemed inadmissible. The UK recently signed one such agreement with Rwanda.

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