Member

158: Clause 48, page 45, line 11, at end insert— “(1A) After subsection (4) insert—“(4A) A person is convicted by a final judgement of a particularly serious crime if—(a) the person is convicted of an offence under—(i) Part III of the Immigration Act 1971, or(ii) sections 13, 14, or 18 of the Border Security, Asylum and Immigration Act 2025, and(b) the person is not, by virtue of the conviction, a person falling within subsection (2).(4B) A person is convicted by a final judgement of a particularly serious crime if—(a) the person is convicted outside the United Kingdom of an offence,(b) the act constituting the offence would have constituted an offence under— (i) sections 24 or 24A of the Immigration Act 1971, or(ii) sections 13, 14, or 18 of the Border Security, Asylum and Immigration Act 2025, had it been done in any part of the United Kingdom, and(c) the person is not, by virtue of the conviction, a person falling within subsection (3).””Member's explanatory statement This amendment would ensure that illegal entrants and those who commit immigration crimes are included in the definition of particularly serious crime for the purposes of the interpretation of Article 33 of the Refugee Convention, meaning that they would be able to be removed from the United Kingdom.