Law Society: Immigration Bill will limit judicial independence

UK’s new immigration measures will limit judicial discretion and human rights in the UK and may be incompatible with European human rights law, the Law Society of Scotland has warned.

The Immigration Bill, which received its Second Reading in the House of Lords last night, will remove judicial discretion in cases which engage Article 8 of the European convention, namely the right to respect for private and family life, home and correspondence.

The bill proposes that "little weight should be given" to a private life or relationship when a person's immigration status is "precarious".
The Joint Committee on the Immigration Bill have previously called the proposals "a significant trespass" into judicial functions.  

Michael Clancy, Director of Law Reform at the Law Society of Scotland, said: "We do not agree with proposals to take away from judges the ability to make just decisions in immigration cases which involve the right to respect for private and family life.

"These proposals will limit judicial independence and threaten human rights application."

James Brokenshire replaces Mark Harper as Minister for Immigration and Security

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