Recommendation 15

In circumstances where an individual’s human rights claim is declared inadmissible by virtue of clause 4(2), the UK’s failure to undertake any scrutiny of the merits of an arguable case and the denial of any remedy with suspensive effect may breach 122 Legislative Scrutiny: Illegal Migration Bill Article 13 ECHR on the basis that there are no effective guarantees to protect the individual from returning to face a real risk of rights violations. As above, clause 4 should be removed from the Bill (see Annex, Amendment 8).