The Conservatives have unveiled plans to abolish immigration tribunals and strip judges of their role in deciding asylum and deportation cases, arguing that Britain has lost control of its borders to the courts.
Shadow Home Secretary Chris Philp said radical reforms were needed to end what he described as judicial dominance over immigration policy, pledging to hand decision-making powers back to ministers and Parliament.
Under the proposals, immigration tribunals would be abolished and legal aid for immigration cases removed. Decisions would instead be made by the Home Office, with only a limited internal appeals process available.
Judicial reviews would remain possible, but only where ministers had acted outside their legal powers.
Ahead of a speech at Policy Exchange, Mr Philp said politicians, rather than judges, should determine who is allowed to remain in the country.
“The truth is that politicians are not properly in control of the system when it comes to illegal immigration. The courts are,” he said.
“Only radical action will return control over the immigration system to Parliament and democratically elected ministers.”
The plans form part of a wider Conservative push to tighten immigration controls and accelerate deportations.
Mr Philp claimed that, if implemented, the reforms would allow the Government to deport illegal migrants within days of arrival and rapidly remove foreign criminals.
The shadow home secretary also renewed calls for Britain to leave the European Convention on Human Rights and repeal the Human Rights Act, arguing that court interpretations have increasingly frustrated attempts to remove individuals who have no right to remain in the UK.
His intervention comes as newly published figures reveal the asylum appeals system is under unprecedented strain.
The backlog of immigration appeals has surged to a record 87,450 cases, more than seven times higher than a decade ago.
Ministry of Justice figures show the number of outstanding cases has risen sharply over the past year, while the average wait for an asylum appeal to be resolved has climbed to 67 weeks.
Despite the mounting backlog, around 40 per cent of appeals succeeded between January and March this year, highlighting the significant number of Home Office decisions overturned by the courts.
The proposals are likely to trigger fierce opposition from legal groups, campaigners and opposition parties, who argue that independent judicial oversight is a cornerstone of the rule of law.
Supporters, however, say the system has become too slow, too expensive and too vulnerable to legal challenges that frustrate deportations and undermine public confidence.
The announcement places immigration firmly back at the centre of the political battlefield, with the Conservatives seeking to position themselves as the party willing to confront what they see as legal obstacles to border enforcement.
As pressure continues to grow over record migration levels and rising asylum backlogs, the debate over who ultimately controls Britain’s borders looks set to become one of the defining political arguments of the years ahead.
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