Law Society says asylum reforms must protect fair hearings and address real system delays
The Law Society of England and Wales has urged the UK Government to reconsider key elements of its proposed asylum reforms, warning that changes to the appeals system could undermine the right to a fair hearing.
Responding to the introduction of the Immigration and Asylum Bill in Parliament, the Law Society called on ministers to abandon plans for an Independent Immigration Appeals Authority that would replace experienced professional immigration judges with a lay appeals body.
Law Society President Mark Evans said the government should focus on addressing the underlying causes of delays within the asylum system rather than replacing the existing tribunal structure.
According to the Law Society, the proposed appeals body lacks clear safeguards to demonstrate its independence. It argues that the reforms could weaken confidence in the fairness of asylum decisions because the proposed arrangements may reduce confidence in the independence of the appeals process.
Mark Evans said previous appeals systems that relied on adjudicators without legal qualifications had ultimately been abandoned because they were not fit for purpose. He also noted that immigration law is highly complex and questioned how a lay appeals body would deal with complicated legal cases while ensuring fair and consistent decision-making.
The Law Society further warned that poor-quality appeal decisions could simply lead to additional legal challenges elsewhere in the justice system, creating further delays instead of reducing them.
Rather than restructuring the appeals process, the organisation said the government should prioritise improving the quality of initial Home Office decisions, stabilising asylum policy, increasing efficiency within the existing tribunal system and ensuring that legal aid is properly funded.
The professional body stressed that fairness within the justice system benefits everyone and said the right to a fair hearing remains a fundamental principle, particularly for people seeking protection after fleeing danger or persecution.
It also emphasised that asylum and removal decisions can have life-changing consequences and should therefore be justified, proportionate and consistent with the UK’s international legal obligations.
The Immigration and Asylum Bill has been introduced in Parliament, with the proposed reforms expected to form part of the government’s wider plans for the UK’s asylum system.
The Law Society said any reforms should strengthen, rather than weaken, confidence in the justice system by ensuring decisions are made fairly and by tackling the root causes of delays instead of introducing a new appeals structure.