The Committee has considered the human rights implications of the 'Nationality, Immigration and Asylum Bill' (HC Bill 119, ISBN 0215701003) which includes measures to reform the system of immigration control, naturalisation procedures and the provision of support for asylum seekers in accommodation centres. The report notes that the Home Office failed to provide answers to a number of questions in time for the Committee to report before the House of Commons examined the Bill. The Committee recommends that in future, if a Department cannot meet the deadline for replying to its questions about a Bill with significant human rights implications, the Government's business managers should ensure that the Bill's timetable is set to give time for the Committee to report.

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.

Stationery Office annual Catalogue 2002