Northern Ireland Human Rights Commission brings challenge against Illegal Migration Act 2023

The NIHRC has issued a claim for judicial review against the Illegal Migration Act 2023, which received Royal Assent on 18 July 2023. The UNHCR has described the Act as “extinguish[ing] access to asylum in the UK for anyone who arrives irregularly, having passed through a country – however briefly – where they did not face persecution. It bars them from presenting refugee protection or other human rights claims, no matter how compelling their claim may be. In addition, it requires their removal to another country, with no guarantee that they will necessarily be able to access protection there. It creates sweeping new detention powers, with limited judicial oversight.”

The NIHRC argues that the Illegal Migration Act 2023 is in breach of Article 2 of the Windsor Framework (formerly NI Protocol) on the basis that it reduces rights that were enjoyed before Brexit as a result of directly effective EU law and must, therefore, be disapplied. It also seeks a declaration that various aspects of the Act are incompatible with the European Convention on Human Rights.

Media coverage includes this:

Print/online

• BBC
• The Irish News
• ITV
• VIEW Digital

Radio

• BBC Radio Ulster 7am
• BBC Radio Foyle 7am
• BBC Good Morning Ulster
• BBC Radio Ulster 8am

Television

• BBC NI Newsline Breakfast 6.30am
• UTV Breakfast News
• BBC Newsline Breakfast 8am
• BBC Newsline Breakfast 9am

Yaaser Vanderman is acting for the Northern Ireland Human Rights Commission, led by Adam Straw KC.