gInstitute for Government analyses legal implications of Labour asylum reforms
The Institute for Government has published a legal analysis examining potential court challenges to the Labour government's proposed asylum system reforms. The analysis, conducted by former Government Legal Department permanent secretary Jonathan Jones, identifies several areas vulnerable to litigation under the European Convention on Human Rights (ECHR). Key concerns include proposals to replace mandatory asylum seeker support with discretionary provision, which may breach Article 3 ECHR's absolute prohibition on inhuman or degrading treatment. The analysis warns that plans to resume removals following regime changes could violate non-refoulement principles without case-by-case safety assessments. Additional legal risks are identified in proposals to create a new appeals body with potentially limited judicial review, and measures to narrow Article 8 ECHR scope through strengthened public interest tests, restricted family member definitions, and limited claim procedures. The analysis notes that while the Immigration Act 2014 previously introduced similar Article 8 restrictions, further limitations increase the likelihood of successful Human Rights Act challenges and potential incompatibility declarations by UK courts.