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The Bill must enable flights before the next general election
Legislation must therefore circumvent the lengthy process of further domestic litigation, to ensure that flights can take off as soon as the new Bill becomes law. To do this, the Bill must exclude all avenues of legal challenge. The entirety of the Human Rights Act and European Convention on Human Rights, and other relevant international obligations, or legislation, including the Refugee Convention, must be disapplied by way of clear “notwithstanding” clauses.
Judicial Review, all common law challenges, and all injunctive relief, including the suspensive challenges available under the Illegal Migration Act must be expressly excluded. Individuals would, however, be given the chance to demonstrate that they had entered the country legally, were under 18, or were medically unfit to fly – but Home Office decisions on these claims could not be challenged in court.