New clause 1 - Asylum and human rights claims: definition

Immigration, Asylum and Nationality Bill – in a Public Bill Committee at 10:15 am on 25th October 2005.

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'(1) Section 113(1) of the Nationality, Immigration and Asylum Act 2002 (appeals: interpretation) shall be amended as follows.

(2) For the definition of ''asylum claim'' substitute—

'' ''asylum claim''—

(a) means a claim made by a person that to remove him from or require him to leave the United Kingdom would breach  the United Kingdom's obligations under the Refugee Convention, but

(b) does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,''.

(3) For the definition of ''human rights claim'' substitute—

'' ''human rights claim''—

(c) means a claim made by a person that to remove him from or require him to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c 42) (public authority not to act contrary to Convention) as being incompatible with his Convention rights, but

(d) does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,''.''.—[Mr. McNulty.]

Brought up, and read the First time.

Photo of Tony McNulty Tony McNulty Minister of State (Immigration, Citizenship and Nationality), Home Office

I beg to move, That the clause be read a Second time.

The new clause amends section 113 of the Nationality, Immigration and Asylum Act 2002. In particular, it amends the definitions of ''asylum claim'' and ''human rights claim'' under part 5 of the 2002 Act to remove the requirement to claim in person at a place designated by the Secretary of State. To ensure that the United Kingdom provides protection when it is genuinely needed, it is important that the Asylum and Immigration Tribunal should be able to consider any human rights or asylum issues raised by appellants. It is therefore unhelpful for definitions under section 113 to refer to procedural restrictions that are not relevant in that context.

It must, however, be stressed that the changes in no way alter the general requirement that asylum and human rights claims must be made in person. To that end, clause 42 will in future allow the procedures to be set out under immigration rules. That will allow us to maintain a fair and flexible system by which such claims must be made.

It being twenty-five minutes past Ten o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.

Adjourned till this day at One o'clock.