Border Security, Asylum and Immigration Bill - Report (4th Day) – in the House of Lords at 5:55 pm on 11 November 2025.
Votes in this debate
Lord Davies of Gower:
Moved by Lord Davies of Gower
68: After Clause 48, insert the following new Clause—“Exclusion of judicial review of asylum and immigration decisions(1) Subsections (2) and (3) apply where— (a) the Secretary of State has made an initial decision in respect of a relevant immigration decision, or(b) the asylum and immigration review board (“the review board”) have made a final decision in respect of a relevant immigration decision under section (Abolition of appeals for immigration decisions).(2) The decision is final, and not liable to be set aside in any court.(3) In particular—(a) no application or petition for judicial review may be made or brought in relation to an initial decision by the Secretary of State or a final decision by the review board;(b) the review board are not to be regarded as having exceeded their powers by reason of any error made in reaching the final decision.(4) Subsections (2) and (3) do not apply where the Secretary of State or the review board is acting or has acted in such a manner which exceeds the Secretary of State’s or the review board’s powers under the Immigration Acts.(5) In this section—“the Immigration Acts” has the same meaning as in section 61 of the UK Borders Act 2007;“relevant immigration decision” means—(a) a decision to make a deportation order under—(i) section 5(1) of the Immigration Act 1971,(ii) section 32(5) of the UK Borders Act 2007, and(iii) section (Duty to deport illegal entrants) of this Act,(b) a decision that a person is to be removed from the United Kingdom by way of directions under section 10(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom),(c) a decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),(d) a decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10A of that Schedule (family),(e) a refusal to revoke a deportation order under section 5(2) of that Act,(f) a decision to reject an asylum claim, protection claim or human rights claim,(g) a decision to refuse support under section 95 of the immigration and Asylum Act 1999 or section 17 of the Nationality, Immigration and Asylum Act 2002,(h) a decision to certify a protection claim or human rights claim as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002,(i) a decision to revoke a person’s asylum status or protection status, and(j) a decision not to grant immigration bail.”Member's explanatory statementThis Amendment would prevent judicial review of any immigration decisions, except in a case where the Secretary of State or review board have acted ultra vires.
Amendment 68A (to Amendment 68) not moved.
Lord Davies of Gower
Shadow Minister (Home Office)
My Lords, Amendment 68 relates to the exclusion of judicial review of asylum and immigration decisions. It has already been debated. I wish to test the opinion of the House.
Ayes 207, Noes 240.
Division number 3
Border Security, Asylum and Immigration Bill - Report (4th Day) — Amendment 68
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
A person involved in the counting of votes. Derived from the word 'tallier', meaning one who kept a tally.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
