The British government has tabled two amendments to its Immigration and Asylum Bill that would narrow how some family-life claims are assessed and make the timing of late evidence relevant to a claimant’s credibility.
The first measure concerns Article 8 of the European Convention on Human Rights, which protects private and family life. Courts would be required to consider how long and how often a parent has been in contact with a child when deciding whether a family relationship exists for immigration purposes.
The bill already proposes a statutory definition that ordinarily confines family life to core, cohabiting relationships. The new amendment is aimed at cases in which a person moves back into a family home shortly before relying on Article 8 to resist removal. The direction would shape the court’s inquiry; it would not by itself decide every claim or displace the need to consider the facts and proportionality of an interference.
The second amendment would require immigration decision-makers to take account of an unexplained delay when assessing evidence or a protection claim lodged shortly before removal. It sits alongside proposals for expedited handling of late claims and a single route for appeals involving refugee status and humanitarian protection.
The government is also proposing an Independent Immigration Appeals Authority and a mechanism under which asylum seekers with sufficient means could contribute to accommodation and support costs.
None of the new measures is yet law. The bill passed its second reading in the House of Commons in July and is due to enter line-by-line scrutiny. The amendments may be revised, defeated or further qualified during that process.
The legal significance lies in the instructions Parliament may give to judges and administrators about relevance and weight. Whether those instructions remain compatible with Convention rights will depend on the final text and its application in individual cases.
Home Office announcement and bill amendments
