An effective immigration system needs effective access to justice
4 min read
Greater access to justice will help, not hinder, the immigration system.
Last month, the government announced three new policies that reform the UK’s immigration system by speeding up deportations.
First, it began piloting the UK-France migration deal, with the first individuals flagged for expedited removal being detained. Second, the Home Secretary announced the expansion of the “Deport Now Appeal Later Scheme”. Third, it was reported that the government plans to overhaul the asylum appeals system – apparently by replacing tribunals with “independent adjudicators”.
All this is happening against the backdrop of the Border Security, Asylum and Immigration Bill, which is currently progressing through the House of Lords. With the push towards speedy deportations, it is now more urgent than ever that we secure equally speedy – as well as good quality – access to justice. That is why I have tabled an amendment to the Border Security Bill that would make legal aid available within 48 hours to individuals in immigration detention (Amendment 137).
It is both the law and Home Office policy that, before removal, people should have the opportunity to receive legal advice for their initial claims and representation as part of any appeal. This ensures that individuals, often at a time of severe vulnerability, can receive help in navigating a complex and confusing immigration system.
Evidence consistently shows that being supported by a lawyer enables individuals to submit relevant evidence and prepare their case more effectively. This helps the parties narrow the dispute and government officials to make more accurate decisions earlier on. This also helps ensure that people with a valid claim – for example, for asylum or as a victim of trafficking – can make it effectively. And it facilitates the protection of human rights for which the UK Parliament has legislated.
As it stands, the current system is failing to provide access to justice. For example, in the Public Law Project’s 2025 Punishing the Victim report, they provide a case study of an Albanian refugee, a gay man, called Timi, who was ultimately granted asylum by the Home Office due to persecution based on his sexuality. Timi was forced to borrow £4000 to pay privately for a solicitor because otherwise he would face a multi-month waiting list for a lawyer to take on his appeal. This was despite serious mental health needs, including attempting suicide in detention.
Stemming from the drastic cuts to legal aid following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, immigration legal aid has effectively collapsed. The result is that 57 per cent of claimants in asylum claims and appeals – almost 55,000 people – are left without a legal aid representative when they need one.
People detained in immigration removal centres (IRCs) are entitled to just 30 minutes of free advice via the Detained Duty Advice Scheme. A recent survey by Bail for Immigration Detainees found that only 27 per cent of respondents held in IRCs had a legal aid solicitor. The situation is equally dire for people detained in prisons.
This situation helps no one – not even the Treasury. As the National Audit Office made clear in a 2024 report, the result of failing to provide effective early legal advice is money, time and resources wasted on court adjournments, the need to accommodate people for longer periods, supporting litigants in person, fresh claims, and appeals.
To work lawfully and fairly, any speedy deportation must be accompanied by equally speedy access to legal advice and representation. Without this, the risk is losing protracted litigation in the courts and the removal of vulnerable people from the UK – refugees and victims of trafficking such as Timi – who, in fact, have a right to be here. The UK deserves an immigration system that is both effective and fair. My amendment to the Border Security Bill will help achieve that.
Lord Bach is a Labour peer and co-chairs the All-Party Parliamentary Group on Access to Justice.
