Immigration
bill amend will allow removal of Rochdale gang leader
Andy
Burnham expected to vote in favour of home secretary’s changes to legal
loophole and asylum system
Jessica
Elgot Deputy political editor
Mon 13
Jul 2026 20.20 BST
https://www.theguardian.com/uk-news/2026/jul/13/andy-burnham-expected-to-vote-shabana-mahmood-asylum-system-changes
At
present, Ahmed cannot be deported because of a 1971 law applying to
Commonwealth citizens who arrived in the UK more than 50 years ago.
Mahmood
intends to change the legal loophole to make it possible to deport those
convicted of serious criminality such as terrorism, child sexual exploitation
or human trafficking – though Pakistan has made it clear it would be unlikely
to accept Ahmed’s return.
Ahmed was
recently released from prison after spending 22 years in jail for multiple
child sexual offences, including rape. The Home Office said it would bring the
law in line with the same crimes that can lead to deprivation of citizenship
and said the protection from deportation would still apply for that generation,
apart from in the most serious circumstances where the offender is a war
criminal or is involved in serious organised crime.
The
amendment, which was tabled on Monday, will give the home secretary powers to
disapply the protections from the 1971 act. Mahmood said the act “provides
protections for long-term UK residents but, clearly, should not be acting as a
bar against removal in cases like that of Shabir Ahmed”. Mahmood said she was
“exploring all options” to ensure Ahmed was deported.
Andy
Burnham, who will be prime minister when the final version of the reforms comes
to the Commons, will vote for the bill on Monday night in the Commons, with his
team indicating that he also backs Mahmood’s changes for indefinite leave to
remain (ILR) and on refugee settlement.
Changes
in the legislation include how courts can apply article 8 of the European
convention on human rights (ECHR) in immigration and deportation cases, which
Mahmood has claimed is being abused.
It will
also outline a new structure for asylum tribunals by dropping an independent
court system and replacing it with a new appeals body. Mahmood has also
announced new legal routes – including community sponsorship for refugees.
“This
country has always provided sanctuary to those fleeing war and persecution, and
I am proud of that fact,” Mahmood told the Commons. “But we must accept that
public consent for our asylum system is fraying. Unless we restore control, we
will lose the British public’s support entirely.”
Mahmood
said the changes would “restore fairness to our asylum system, fairness both to
those who are fleeing war and persecution, and also fairness towards those
communities already here who bear the burden of supporting”.
She
added: “There is nothing fair about a system that is based upon uncontrolled,
unsafe and illegal routes into this country. The only people who it serves are
the people smugglers. Instead, a fair asylum system must be grounded in
controlled, safe and legal asylum.”
The most
controversial proposed change by Mahmood will double the time it takes to
qualify for ILR from five to 10 years, which gives migrants the right to
permanently live and work in Britain.
Those
changes do not require legislation and Mahmood said they would be finalised by
the end of the year once the government has responded to its consultation.
Mahmood
had been keen for the change to apply to the recent rise in migrants who came
on new visas issued, often to care workers, by the last Conservative
government.
MPs are
not expecting a rebellion over Monday’s bill, though there will be some
abstentions.
One
option under consideration is that those currently in the UK would qualify for
ILR after the five-year wait – rather than a decade – but would need to wait an
additional period in order to claim any state benefits.
Almost 80
Labour MPs have signed a letter to Burnham urging him to change the policy to
stop it applying to migrants already in the country, calling it “an anathema to
who we are, what we stand for and how we should do politics”.
Burnham
signalled during his Makerfield byelection campaign that he was comfortable
with most of the immigration changes being made by Mahmood, who is widely
expected to stay on as home secretary. A spokesperson for Burnham said: “Andy
believes the public deserve an asylum system that is both compassionate and
credible.
“This
bill takes important steps towards restoring confidence by tackling illegal
crossings while strengthening safe and legal routes for genuine refugees. This
is about ensuring the system is fair both to those seeking protection and to
the communities that welcome them.”
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