The Home Office backlog of more than 160,000 cases and the small number of countries the government can send failed asylum seekers to has seen many describe the bill as 'unworkable', while other critics describe parts of it as 'nonsense', 'risky' and 'unsafe'.
This does not mean the bill is definitely illegal, but is an acknowledgement that challenges may be more likely to succeed.
However, according to legal commentator Joshua Rozenberg, this could be a breach of Article 34 of the ECHR, which allows individuals to bring a case against a government at court in Strasbourg if they haven't received proper redress in that country. However, a potential headache for the government could be the precedent set by the Court of Appeal in 2021, which found that people who did cross the Channel in small boats may not have actually broken the law.
Whilst this has since been clarified by the Nationality and Borders Act 2022 to make such arrivals an offence, it could suggest that similar appeals may be brought either under UK law, or under international law if the new bill is found to be in breach of that.Habeas corpus is a doctrine long established in English common law that allows people to appeal against unlawful detention or imprisonment.
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