The Tribunal Procedure (Upper Tribunal) (Immigration and Asylum Chamber) (Amendment) Rules 2024

Proposed by The Parliamentary Under-Secretary of State for Justice

I beg to move, That the Tribunal Procedure (Upper Tribunal) (Immigration and Asylum Chamber) (Amendment) Rules 2024, (SI., 2024, No. 588), dated 1 May 2024, a copy of which was laid before this House on 1 May, be approved. This statutory instrument forms part of the Government’s preparations for the… I beg to move, That the Tribunal Procedure (Upper Tribunal) (Immigration and Asylum Chamber) (Amendment) Rules 2024, (SI., 2024, No. 588), dated 1 May 2024, a copy of which was laid before this House on 1 May, be approved. This statutory instrument forms part of the Government’s preparations for the implementation of the Illegal Migration Act 2023, which I will hereafter refer to as the IMA. The SI delivers the tribunal procedurals necessary to implement the new appeals regime for suspensive claims already approved in Parliament, in sections 44 to 49 of the IMA. The rules have been drafted to give effect to the timing set out in the IMA. Exceptionally under the IMA, in order to provide for swift implementation, section 50 provides that the Lord Chancellor, instead of the Tribunal Procedure Committee, is responsible for making the first set of rules for the upper tribunal, immigration and asylum chamber for the purposes of suspensive claims under sections 44 to 49 of the IMA. This reflects Parliament’s recognition of the importance of implementing the Act rapidly to tackle illegal migration. As the Lord Chancellor’s power to make rules has now been spent with the laying of this SI, the Tribunal Procedure Committee retains its rule-making powers and will be able to amend or replace these rules as it deems appropriate under its usual procedures. We have kept the TPC fully informed throughout our work in preparing the draft rules, and we also understand that the TPC will review these rules as part of its priority to keep all nine sets of tribunal procedurals and employment tribunal procedurals under constant review. Before I conclude, this is the last time I will address the Chamber from the Dispatch Box as a Justice Minister this side of the election. On that basis, and I hope you will indulge me, Madam Deputy Speaker, I would like to thank all of the officials and special advisers that I have worked with in my time as an Under-Secretary of State at the Ministry of Justice, particularly Harry McNeill Adams, Andrew Spence, Molly Parsons-O’Connor, Claire Fielder, Christina Pride, Catherine Elkington, Tim Coates, Amy Rees, Ross Gribbin, Gemma Hewison and Jenny Pickrell. I would also like to thank the excellent special advisers Sally Rushton, Rupert Cunningham and Hannah Galley. Finally, and most importantly, I would like to thank my private secretaries, who have worked tirelessly to keep me organised and on the straight and narrow: Charlotte Hewitt, Andrea Benjamin, Imogen Jailler and Naomi Hartley. I also thank you, Madam Deputy Speaker. You have been a beacon of fairness and good humour in the Chair throughout my time in this House. I wish you well in your retirement. You will be much missed by this House, and the House will be the poorer without you. To conclude, these rules will come into force on commencement of the duty to remove under section 2 of the Illegal Migration Act. The Lord Chancellor laid this SI on 1 May in preparation for that, having already laid the Civil Legal Aid (Remuneration) (Amendment) Regulations 2023 and the Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023 late last year. By doing so, the SI will be in place should the decision be taken after the election to proceed with the swift implementation of the IMA.

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