The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within

In this report on the Borders, Citizenship and Immigration Bill, the Joint Committee on Human Rights says the Government should reconsider proposed changes to the pathway to British citizenship. Whilst the Bill does not change the underlying position of migrants' access to benefits, it extends the time it takes to get to applying for citizenship by a year. During this period a person given the new 'probationary citizenship' will be ineligible for 15 different types of benefit that are available to those with 'indefinite leave to remain'. The Committee is also concerned that the new rules may be applied retrospectively and urges the Government not to override the legitimate expectations of migrants already on the path to citizenship under the current rules. The Committee also has concerns about the proposed 'short cut' to citizenship, reducing the time it takes to naturalise can by two years if applicants participate in unpaid community activity. Tracking this activity risks infringing people's right to privacy, and the Committee is also concerned that the requirement risks penalising people who are unable to undertake such activities, because of disability or caring responsibilities or because they are already in paid full time work. The Committee welcomes the new positive duty to safeguard and promote the welfare of children in the discharge of immigration, asylum, nationality and customs functions and the reversal of the Government's previous policy of excluding children subject to immigration control from the protection of the UN Convention on the Rights of the Child.

The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within its jurisdiction to consider a new matter raised on an appeal. In the report, the Committee concludes that the restriction on appeal rights might constitute a serious threat to the practical ability to access the legal system to challenge unlawful immigration and asylum decisions, and to enforce the statutory duty to have regard to the need to safeguard and promote the welfare of children when exercising immigration and asylum functions. The Committee also comments on other aspects of the Bill.

The Committee's report draws the attention of both Houses to the human rights implications of the UK Borders Bill (HLB 68, session 2006-07, ISBN 9780108436147) including provisions relating to: new powers for Immigration Officers to detain, search and seize; the proposed biometric registration scheme for non-EEA nationals giving rise to concerns about de facto racial profiling; and the automatic deportation of foreigners convicted of criminal offences. The Committee also comments on correspondence received regarding the Local Government and Public Involvement in Health Bill (HCB 77, session 2006-07, ISBN 9780215708441) and makes recommendations for specific amendments to the Bill in line with its earlier report (HLP 83/HCP 424, session 2006-07, ISBN 9780104010464) on the matter.

Drawing special attention to: Children and Young Persons Bill, Human Fertilisation and Embryology Bill, Sale of Student Loans Bill (15th report, HL 81/HC 440, ISBN 9780104012505); Criminal Justice and Immigration Bill (5th report, HL 37/HC 269, ISBN 9780104012154); Education and Skills Bill (19th report, HL 107/HC 553, ISBN 9780104012734);