Intro

  Since introducing the Illegal Migration Act 2023 (IMA), many asylum seekers have been left in limbo, uncertain of whether their asylum claim will ever be heard in the UK. The introduction of the Act placed a ban on processing many asylum claims that had been made from 20th July 2023 onwards. The new government has recently introduced the Illegal Migration Act 2023 (Amendment) Regulations (2024), which has lifted this ban on processing claims, demonstrating a clear commitment to reforming the broken immigration and asylum system.

What does it say?

The Illegal Migration Act (2023) (Amendment) Regulations (2024) brought in two regulations amending various parts of the IMA (2023).

Under the IMA (2023), section 2 placed a duty to remove individuals whose had entered the UK unlawfully, meaning they had entered the country without a pre-approved visa. While not yet in place, this section would have applied to those who have arrived from 20th July 2023 regardless of when this section was commenced.  Regulation 2 of the Amendment Regulations, arguably the most important part of these amendments, changes the wording of this, so that the duty will only become effective when this part of the Act comes into force.

Regulation 3 concerns ‘consequential amendments’ that have been introduced as a result of Regulation 2. The most notable of these, are the changes to section 30 and 31 of the IMA (2023). These sections prevented those who had entered the UK illegally from ever obtaining leave to enter, leave to remain or successfully applying for citizenship except in limited circumstances. This applied to anyone who arrived in the UK unlawfully from the 7th March 2023. Therefore, this regulation also has the effect of changing when the powers contained in these sections will be become effective, i.e., when the government commences section 2 of the IMA.

What does this mean?

The introduction of these amendments has effectively lifted the ban imposed by the IMA (2023) thus, allowing asylum claims to be processed as normal. It also means that individuals will still be able to access other forms of leave to remain and apply for citizenship, therefore, creating long term security for those seeking protection in the UK.

Analysis

These seemingly simple amendments will have a considerable effect on the asylum system, as the government will seek to clear the asylum backlog and process claims as quickly as possible, now the ban created by the IMA 2023 has been lifted. It brings great relief to asylum seekers across the UK who have spent the past year uncertain if their asylum claim will ever be heard in the UK. This follows from the new government’s promise to scrap the Safety of Rwanda Act 2024. While not yet repealed, the government has made it clear that asylum claimants will no longer be sent to Rwanda. This further demonstrates the new government’s commitment to taking a more humanitarian approach to asylum seekers.

However, it is very important to note that these amendments do not remove the powers contained in the IMA 2023, it merely prevents them from being applied retrospectively when, and if, the relevant parts of the Act are commenced. The fact that the government has not sought to repeal the Act altogether is concerning, as with the legislation still in place, these powers could be introduced at any time.

Conclusion

Ultimately this is a welcome change for many, as it pulls many individuals out of limbo and allows their claims to be heard, however, it does not repeal the Act altogether and leaves the harsh and punitive legislation from the previous government available to be introduced at any time.