Part of the debate – in the House of Lords at 7:58 pm on 19 March 2024.
My Lords, I beg to move that the House approves these regulations, which were laid before Parliament on
The declaration of inadmissibility of asylum claims from EU nationals has been a long-standing process in the UK, also employed by EU states. Under Section 80A of the Nationality, Immigration and Asylum Act 2002, the Secretary of State must declare an asylum claim made by a national of an EU member inadmissible unless there are exceptional circumstances which mean that the Secretary of State ought to consider the claim. These provisions reduce pressure on our asylum system and allow us to focus on those most in need of protection, but EU states are not the only countries that are safe countries.
Once Section 59 of the Illegal Migration Act 2023 is commenced, these provisions will be expanded to include the inadmissibility of asylum and human rights claims from other states considered generally safe. The Section 80AA(1) list of safe countries of origin comprises the EU states as now and adds the other EEA states of Iceland, Norway and Liechtenstein, as well as Switzerland and Albania. Once Section 59 of the Illegal Migration Act 2023 is commenced, asylum and human rights claims from nationals of these countries will be declared inadmissible, unless it is accepted that there are exceptional circumstances that mean a claim ought to be considered in the UK.
The Illegal Migration Act 2023 provides powers to amend this safe countries of origin list via regulations where a state meets the criteria set out in Section 80AA(3) of the 2002 Act, as inserted by Section 59 of the Illegal Migration Act. The rationale underpinning the proposed additions of India and Georgia to the Section 80AA(1) list is to tackle unfounded and unnecessary protection and human rights claims from people in safe countries. India and Georgia are countries in which we have seen an increase in the volumes of asylum intake. Therefore, consideration has rightly been given to whether it would be appropriate to add these countries to the Section 80AA(1) list of safe countries of origin.
When the other place considered this instrument, some highlighted particular reporting from India and Georgia alleging instances where people had been mistreated or suffered an abuse of their rights. I know that noble Lords may wish to draw my attention to such reports during the course of this debate. But, having reviewed relevant information and evidence from a wide range of reliable sources relating to the safety of both Georgia and India, including consideration of their respect for the rule of law and human rights, we have assessed that both countries meet the criteria in Section 80AA(3) and are generally safe.
We should avoid being overly focused on reporting from a single source or drawing on isolated examples that may not consider the situation in context or be reflective of the general situation, which is what we are required to consider. We have considered, and do consider, evidence from a range of sources and source types. We compare and contrast information across these sources to reach a balanced and accurate view of the situation. That process has led us to conclude that it is appropriate to add these countries to the Section 80AA(1) list. I beg to move.