By Susana Ferrín, Pupil Barrister at No5 Barristers’ Chambers
‘Discretionary’ safe and legal routes
On 7 March 2023, the British Government introduced the Illegal Migration Bill[1] in the House of Commons with the intention of delivering on the Prime Minister’s promise to stop small boats. The purpose of the Bill is “to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by requiring the removal from the United Kingdom of certain persons who enter or arrive in the United Kingdom in breach of immigration control”, as defined under Clause 1(1). A reasonable inference from this stated purpose is that the Bill would propose viable safe and legal routes. The Bill deliberately avoids addressing viable safe and legal routes other than to give the Secret...