Borders, Citizenship and Immigration Bill [Lords]

I agree with the hon. Member for Broxbourne (Mr. Walker) on his last point. The issue is more difficult in the area of immigration and asylum, because while appeals are being awaited and the process is going on, in the real world people's circumstances change. They get married, have babies, change their location and so on. That means that the judicial system is asked to cope with a moving scenario. From the taxpayer's point of view, it is important that we have as efficient a system as possible, commensurate with access to fair justice. Three issues have been raised in response to the amendments, and I wish to give the assurances that the House is looking for. I turn first to the question of timing, raised by the hon. Member for Ashford (Damian Green) and my hon. Friend the Member for Walthamstow (Mr. Gerrard), which is addressed by the amendments. We are now proposing that only fresh claim judicial reviews can be transferred as a class, and that will not happen until the asylum and immigration tribunal has transferred to the first tier and upper tier. Our expectation, although it is not down to us, is that that will take place about February next year, but the transfer of the AIT will require an affirmative resolution approved by both Houses. Before making an order to allow transfer, the Lord Chief Justice will need to take account of the capacity in the upper tribunal. The decision to ask for the order will be a matter for him, and it will also require the approval of the Lord Chancellor. That is our expectation of the timing, but it depends on the capacity being available.