Clause 16 - Provision of evidence in support of protection or human rights claim

Part of Nationality and Borders Bill – in a Public Bill Committee at 10:00 am on 26th October 2021.

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Photo of Roger Gale Roger Gale Conservative, North Thanet 10:00 am, 26th October 2021

With this it will be convenient to discuss the following:

Amendment 37, in clause 16, page 20, line 8, at end insert—

“(1A) The Secretary of State may not serve an evidence notice on a person—

(a) who has made a protection claim or a human rights claim on the basis of their sexual orientation or gender identity;

(b) who was under 18 years of age at the time of their arrival in the United Kingdom;

(c) who has made a protection or human rights claim involving sexual or gender-based violence; or

(d) is a victim of modern slavery or trafficking.”

This amendment would remove the ability to serve an evidence notice on certain categories of person.

Amendment 153, in clause 16, page 20, line 8, at end insert—

“(1A) The Secretary of State must not serve an evidence notice on a person—

(a) who has made a protection claim or a human rights claim on the basis of sexual orientation, gender identity, gender expression or sex characteristics;

(b) who was under 18 years of age at the time of their arrival in the United Kingdom;

(c) who has made a protection or human rights claim on the basis of gender-based violence;

(d) who has experienced sexual violence;

(e) who is a victim of modern slavery or trafficking;

(f) who is suffering from a mental health condition or impairment;

(g) who has been a victim of torture;

(h) who is suffering from a serious physical disability;

(i) who is suffering from other serious physical health conditions or illnesses.”

This amendment would prevent the Secretary of State from serving an evidence notice on certain categories of people.