New Clause 7 - Refugee Convention: construction
Immigration, Asylum and Nationality Bill
2:15 pm
Evan Harris (Science, Non-Departmental & Cross Departmental Responsibilities; Oxford West and Abingdon, Liberal Democrat)
I am grateful. I will deal with the other issues relating to new clause 8. The Liberal Democrats have some concerns about the new clause. The correspondence between my hon. Friend the Member for Winchester (Mr. Oaten) and the Home Secretary was about whether the Home Secretary would be judge and jury and whether there could be a human rights appeal. The Refugee Council makes the same point. I am happy to accept that there is still the opportunity to make the application against a decision to deport on national security grounds, on human rights grounds through SIAC. I will not therefore pursue that line and that may save the Minister some time.
However, there is a concern about the fact that the fundamental appeal against national security grounds for deportation would be non-suspensive. In other words, it would be possible to do it only from abroad. It is extremely difficult and, as the Minister said, somewhat long-winded to do it in this country, let alone to do it from abroad. Provision is made for a limited appeal pre-removal to consider whether it would be a breach of the person’s human rights to remove them from the UK.
Is it appropriate to deal with that before dealing with the substance of the national security considerations in an appropriate confidential setting? There will be circumstances in which it is necessary to consider the elements of the national security case against a person before determining the risks on return. If evidence around that is deemed to be inadmissible, it is hard for SIAC to proceed without consideration of those grounds. If the proposed new statute in new clause 8 limits the ability of the appeal to do what it feels is appropriate, what would happen in those circumstances when it feels it is appropriate to hear evidence on that point?
That was my main concern about this new clause, apart from subsection (4). However, in case I have made an error in my interpretation of subsection (4), it would save time if the Minister explained its implication, and then I can decide what I wish to do.