Motion F1 (as an amendment to Motion F)

Nationality and Borders Bill - Commons Amendments – in the House of Lords at 6:50 pm on 26 April 2022.

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The Lord Bishop of Manchester:

Moved by The Lord Bishop of Manchester

At end insert “and do propose Amendment 53H in lieu—

53H: Page 88, line 11, leave out paragraphs 1 and 2 and insert—“1 In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—“(2A) This section does not prevent a person being removed to, or being required to leave to go to, a third State, where all of the following conditions are met— (a) the removal is pursuant to a formal, legally binding and public readmission or transfer agreement between the United Kingdom and the third State;(b) the criteria for removal are public, transparent and non-discriminatory;(c) the State is a safe State, as shown by reliable, objective and up-to-date information, in that there are, in law and practice—(i) appropriate reception arrangements for asylum-seekers;(ii) sufficiency of protection against persecution, threats to physical safety, violations of fundamental rights, and other serious harms;(iii) respect for human rights in accordance with international standards;(iv) protection against refoulement;(v) fair and efficient State asylum procedures, with sufficient capacity to process asylum claims fairly and in a timely manner;(vi) the legal right to remain during the State asylum procedure; and(vii) if found to be in need of international protection, a grant of refugee status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the Refugee Convention;(d) the person will have access to such fair and efficient asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the Refugee Convention;(e) it has been determined following an individualised assessment in which the person has an effective right to participate that it is reasonable for the person to go to that State in light of their individual circumstances, including—(i) their ties to the United Kingdom;(ii) their vulnerabilities and specific needs, including but not limited to their sexual or gender identity and any history of modern slavery, torture, or gender-based violence;(iii) the prospects of their long-term integration into the receiving State; and(iv) any reasons that the State may not be safe for them; and(f) the person is not a national of that State.(2B) The Secretary of State must in each year lay a report before both Houses of Parliament which includes—(a) the number of people who have been removed to a third State while their asylum claim is pending;(b) the cost of removal per person.”””

Photo of The Bishop of Manchester The Bishop of Manchester Bishop

My Lords, I wish to test the opinion of the House.

Ayes 216, Noes 221.

Division number 4 Nationality and Borders Bill - Commons Amendments — Motion F1 (as an amendment to Motion F)

Aye: 216 Members of the House of Lords

No: 221 Members of the House of Lords

Aye: A-Z by last name

No: A-Z by last name

Motion F1 disagreed.

Motion F2 not moved.

Motion F agreed.