House of Lords Challenges Secrecy Over Judges' Rulings on Migrant Deportation Appeals

Sir Keir Starmer is facing a legal challenge by the House of Lords to end the secrecy surrounding judges' rulings on migrant deportation appeals. The proposed new law would require first-tier immigration tribunals to publish their judgments, ensuring public scrutiny of decisions that prioritize the human rights of migrants over public safety. This move comes as Labour, Reform, and the Conservatives have pledged to overhaul the asylum appeals system and either quit or reform the European Convention on Human Rights (ECHR).

Key Takeaways:

• The House of Lords has tabled a proposed new law to require first-tier immigration tribunals to publish their judgments, which would be made available on a government website within three days of being made.
• The law aims to hold judges to account and ensure they are doing their job properly, particularly in cases where courts have prioritized the human rights of migrants over public safety.
• First-tier immigration tribunals have dealt with between 38,000 and 41,000 appeals in each of the past three years, according to Lord Murray.
• The proposed law has cross-party support from Labour, Reform, and the Conservatives, as well as the Liberal Democrats.
• Lord Faulks, a former justice minister, Lord Sandhurst, a Tory whip, and Lord Alton, a veteran Liberal Democrat peer, are among those backing the proposed law.
• The proposed law also aims to combat "lawfare" and protect national security and sovereignty.
• Labour has proposed replacing the current tribunals with a new system of "professional adjudicators" to limit the number of appeals and speed up decisions.
• The government has expressed opposition to the proposed law, arguing that it is not necessary to legislate to change the current situation.
• Lord Katz said the judiciary is responsible for deciding whether to publish individual judgments.

Statistics:

• Up to 41,000 migrant deportation appeals are considered by first-tier tribunals each year.
• The proposed law would require judgments to be published on a government website within three days of being made.
• Similar courts dealing with tax, property, land, and employment cases routinely publish their decisions, despite dealing with fewer cases.

Sources:

• Lord Murray, former home office minister
• The Telegraph, article revealing multiple cases of controversial tribunal rulings
• The Independent Press Standards Organisation
• The General Council of the Bar
• The Supreme Court

Lord Murray quoted Baroness Hale, former Supreme Court president, who said open justice was necessary to "hold judges to account".