UK Borders Bill

I had almost finished my peroration, such as it is, before the Division. I was trying to respond to various points, including that made by the noble Earl, Lord Sandwich, on the Law Society briefing on the Bill. I think that the point related to Clause 19 and the notion that it might lead to an increase in applications for judicial review, requests for assistance from MPs, and so on. I suppose that it could lead to more judicial reviews. However, in cases where an applicant is refused for not having submitted the required evidence but then obtains it later, they should make a fresh application. The merits of their case could then be properly considered by the case workers rather than by means of the appeals process. It would be wrong to turn the appeals process into a second-form case consideration at tribunal level. We do not think that that would be a good or intelligent use of the appeals process. That is essentially why we think it right to rely on case analysis rather than tribunal analysis. Obviously we want to get to the point where the case workers make the correct decision in as many cases as possible. We see no reason why this proposition should lead to more judicial reviews or other representations. Under the points-based system there will be fewer areas for dispute because the applicant will be guided to ensure that the right information is supplied. If the applicant provides the specified evidence, they will get the points. There will therefore be less scope for challenging the BIA decisions. It will be a much more guided process and clearer. What the applicant has to provide and the evidence required will be clearly identified for those who are in the process. As an outcome, there should be fewer calls on MPs’ time for assistance and fewer judicial reviews.