I am saying that, if we trust—as I am sure the Government do—immigration officers, the Secretary of State, the First-tier Tribunal, et cetera, to be intelligent, effective operators in the system, they are by definition capable of looking at late evidence on a case-by-case, open-textured, well-reasoned basis and determining those occasions where there is a good reason and those where there is not. That goes without saying, so why do we have to have this diktat in the Bill, with “must” give it “minimal weight”? I suspect it is because, as the noble Lord, Lord Paddick, suggested, the Government are trying to dictate to the tribunals in particular what is and is not a good reason. That is the sinister aspect of this. It is also impractical, because you then have to have arguments about what is and is not a good reason. I promise the Minister that this will be litigated ad nauseam. It would be better, as he said to other noble Lords, to leave this to open-textured judgment and decision-makers who are capable of applying it.
Nationality and Borders Bill
Proceeding contribution from
Baroness Chakrabarti
(Labour)
in the House of Lords on Thursday, 3 February 2022.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Nationality and Borders Bill.
About this proceeding contribution
Reference
818 c1131 Session
2021-22Chamber / Committee
House of Lords chamberSubjects
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2023-03-17 15:30:36 +0000
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