Schedule 3 - Removal of Asylum Seeker to Safe Country
Asylum and Immigration (Treatment of Claimants, etc.) Bill
11:15 am
Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)
If we had evidence that a country was not operating to the letter of the human rights convention, I think that that would mean that we would consider the provisions of part 2 of schedule 3 and the inclusion of that country on the list. I shall take advice on that, and if I need to correct or embellish my answer, I shall write to the hon. Gentleman. For refugee convention purposes and for the narrow human rights issue, we are deeming all those countries to be safe. If there was evidence that one was not safe for this purpose, we would consider that and amend the legislation. I am grateful for the Committee's patience on this issue: I realise that it is very technical and complicated.
Turning to the question from the hon. Member for Woking about adding countries to the list, amendments to the order-making power will be by affirmative resolution. He also raised the issue of the provisions for that to be bypassed in emergency cases. Government amendment No. 138 removes that, and we can add only by affirmative order. If we—
It being twenty-five minutes past Eleven o'clock, The Chairman proceeded, pursuant to Sessional Order D [28 June 2001 and 6 November 2003] and the Orders of the Committee [6 and 13 January 2004], to put forthwith the Question already proposed from the Chair.
Amendment agreed to.
The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.
Amendments made: No. 132, in
schedule 3, page 35, line 27, leave out
', because of circumstances of or relating to that State,'.
No. 133, in
schedule 3, page 35, line 29, at end insert
'because of the possibility of removal from that State to another State.'.
No. 134, in
schedule 3, page 35, line 33, at end insert
'; and the Secretary of State shall certify a human rights claim to which this sub-paragraph applies unless satisfied that the claim is not clearly unfounded.'.
No. 135, in
schedule 3, page 35, line 42, leave out sub-sub-paragraph (b) and insert—
'(b) from which a person will not be sent to another State in contravention of his Convention rights,'.
No. 136, in
schedule 3, page 35, line 46, at end insert—
Second List of Safe Countries (Refugee Convention and Human Rights (2))
6A (1) This Part applies to such States as the Secretary of State may by order specify.
(2) An order under this paragraph—
(a) shall be made by statutory instrument, and
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
6B (1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed—
(a) from the United Kingdom, and
(b) to a State of which he is not a national or citizen.
(2) A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
(a) where a person's life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
(b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
6C Section 77 of the Nationality, Immigration and Asylum Act 2002 (c.41) (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed—
(a) from the United Kingdom, and
(b) to a State to which this Part applies;
provided that the Secretary of State certifies that in his opinion the person is not a national or citizen of the State.
6D (1) This paragraph applies where the Secretary of State certifies that—
(a) it is proposed to remove a person to a State to which this Part applies, and
(b) in the Secretary of State's opinion the person is not a national or citizen of the State.
(2) The person may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general).
(3) The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom's obligations under the Refugee Convention.
(4) The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim where this paragraph applies unless satisfied that the claim is not clearly unfounded.
6E A person who is outside the United Kingdom may not bring an immigration appeal on any ground that is inconsistent with treating a State to which this Part applies as a place—
(a) where a person's life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
(b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.'.
No. 137, in
schedule 3, page 36, line 2, leave out 'SECOND' and insert 'THIRD'.
No. 138, in
schedule 3, page 37, line 39, leave out paragraph 15 and insert—
'15(1) The Secretary of State may by order add a State to the list specified in paragraph 2.
(2) The Secretary of State may by order—
(a) add a State to a list specified under paragraph 6A or 7, or
(b) remove a State from a list specified under paragraph 6A or 7.
16(1) An order under paragraph 15(1) or (2)(a)—
(a) shall be made by statutory instrument,
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and
(c) may include transitional provision.
(2) An order under paragraph 15(2)(b)—
(a) shall be made by statutory instrument,
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
(c) may include transitional provision.'.—[Beverley Hughes.]
Schedule 3, as amended, agreed to.
Clauses 13 and 14 ordered to stand part of the Bill.
Adjourned till this day at half-past Two o'clock.