What the 'onslaught' of immigration legislation means for Scottish solicitors

With aims to “modernise” the asylum and immigration system, the Government’s Border Security, Asylum and Immigration Bill is now progressing through the House of Lords.

Immigration law practitioners suffering fatigue from the onslaught of immigration legislation seen over the past few years are yet to be given respite. The Border Security, Asylum and Immigration Bill, which was introduced into Parliament on 20 January 2025, has now passed through the House of Commons and is due to commence committee stage in the House of Lords on 26 June 2025. The Government has previously stated that the Bill would “modernise” the asylum and immigration system. The Bill is composed of four parts, three of which are of particular relevance to asylum seekers and those arriving in the UK via “irregular” means.

Border security

The Bill establishes the offences of supplying and handling articles for use in immigration crimes where knowledge or suspicion is held that the articles may be used to commit an immigration offence, as per clauses 13 and 14 respectively. Clause 16 of the Bill additionally sets out a new offence: collecting, recording or viewing information that is likely to be useful to someone organising a journey for persons entering the UK via illegal means.

These clauses are caveated with an exemption for persons who are able to evidence that they have a “reasonable excuse” for their actions. Examples of such are stated as those acting to rescue others from harm or who act on behalf of organisations, such as charities, that aim to assist asylum seekers without charging for their services.

Additionally, clause 15 of the Bill sets out an exhaustive list of exemptions for the supply of articles that may be provided for humanitarian purposes, including food or drink, shelter and items intended to preserve the lives of persons in distress at sea.

Clause 18 of the Bill introduces the specific offence of endangering another during a sea crossing to the UK so as to cause either injury or death, or a risk of the same. The United Nations Human Rights Council (UNHRC) has criticised the creation of this offence, stating that the context in which these offences may be committed is one of fraught circumstances and overcrowded boats.

This part of the Bill additionally grants immigration officials expanded search and seize powers.

Asylum and immigration

Part 2 of the Bill implements legal changes in the area of asylum and immigration and commences with the repeal of legislation passed by the former Conservative government. Clause 37 affects the repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024. Clause 38 is concerned with the repeal of various sections of the Illegal Migration Act 2023 (IMA).

The proposed sections for repeal include Sections 2-10 of the IMA, which had yet to be implemented despite the Act being subject to Royal Assent on 20 July 2023. These sections of the Act mandated the Home Secretary to make arrangements for the removal of any person who had arrived in the UK via irregular or deceptive means without leave to enter, regardless of whether the person had subsequently lodged a protection or human rights claim.

The Bill also states its intention to repeal the sections of the IMA concerning British citizenship eligibility, which were in force from the enactment of this legislation. Sections 31-35 of the IMA prevented persons who had arrived in the UK via illegal and irregular means from naturalising as a British citizen. It must be noted that this reform is counteracted by the changes implemented by the Home Office earlier in the year with respect to its policy guidance on whether persons meet the “good character” requirement to be granted British citizenship. These changes mandate that those who arrived in the UK irregularly via a dangerous journey should “normally” be refused when they submit a citizenship application.

Other sections of the IMA to be repealed include those restricting the powers of domestic courts and the European Court of Human Rights (ECHR) to issue effective measures to prevent the removal of persons under the Act.

It is worth noting that certain provisions of the IMA remain extant. Perhaps most notably, Section 12 of the Act granted the Home Office the wide power of being able to detain a person to be removed from the UK for any period that the Home Secretary believes is reasonably necessary, regardless of whether barriers to that person’s removal currently exist. This section has the effect of weakening judicial scrutiny of the Home Office’s detention powers.

Sections of the IMA that remain unimplemented have likewise remained untouched. Section 59 of the IMA deals with the inadmissibility of certain asylum and human rights claims. If implemented, this section would expand the number of “safe countries” whose nationals would have their asylum claims deemed inadmissible, with the Home Secretary holding the power to amend the white list by regulation.

Another clause of particular note in this part of the Bill is clause 43, which grants the Home Office the ability to impose conditions such as electronic monitoring and curfews on those who hold limited leave to remain.

This part of the Bill also contains updates relevant to the EU Settlement Scheme.

Prevention of serious crime

Clause 48, which is contained in the third part of the Bill, proposes to expand the criminal offences that may constitute a particularly serious crime. As a result, the UK may be exempt from its obligation of non-refoulment in respect of a person who has committed such a crime per Article 33(2) of the Refugee Convention via the application of Section 72 Nationality, Immigration and Asylum Act 2022. It is not anticipated that this expansion will have substantive practical effects for those wishing to remain in the UK to evade harm in their country of origin.

Further reforms incoming…

The passage of the Bill is set against the backdrop of the Government’s announcement – via the white paper released in May 2025 – of its intention to implement sweeping changes to reduce legal migration to the UK. The forward to the white paper by the Home Secretary notes that the Government plans to introduce new legislation setting out further reforms to the asylum system and to border security, building on the new measures already set out in the Bill.

Written by Anna Knox, senior solicitor at Latta & Co. Solicitors