New Clause 31 - Persons subject to immigration control: assessment for immigration purposes

Nationality and Borders Bill – in a Public Bill Committee at 11:30 am on 4th November 2021.

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“(1) A designated person may conduct an age assessment on an age-disputed person for the purposes of deciding whether or how the Secretary of State or an immigration officer should exercise any immigration functions in relation to the person.

(2) An assessment under subsection (1) may be conducted—

(a) in a case where subsections (3) and (4) of section (Persons subject to immigration control: referral or assessment by local authority etc) do not apply, or

(b) in a case where those subsections do apply—

(i) at any time before a local authority has referred the age-disputed person to a designated person under section (Persons subject to immigration control: referral or assessment by local authority etc) (3)(a) or has informed the Secretary of State as mentioned in subsection (3)(b) or (c) of that section, or

(ii) if the Secretary of State has reason to doubt a local authority’s decision under subsection (3)(b) or (c) of that section.

(3) An age assessment under this section is binding on the Secretary of State and immigration officers when exercising immigration functions.

But this is subject to section (

(4) The standard of proof for an age assessment under this section is the balance of probabilities.”—

This new clause will allow the National Age Assessment Board (whose officials will be “designated persons”) to conduct age assessments on age-disputed persons for immigration purposes, either where no referral has been made or where it disagrees with the local authority’s assessment.

Brought up, and read the First and Second time.

Question put, That the clause be added to the Bill.

Division number 63 Nationality and Borders Bill — New Clause 31 - Persons subject to immigration control: assessment for immigration purposes

Aye: 10 MPs

No: 6 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Committee divided: Ayes 10, Noes 6.

Question accordingly agreed to.

New clause 31 added to the Bill.