Member

59: After Clause 48, insert the following new Clause— “Amendment to Section 59 of the Illegal Migration Act 2023(1) Section 59 of the Illegal Migration Act 2023 is amended as follows.(2) In subsection (2), for paragraph (a) substitute—“(a) for subsection (1) substitute—“(1) The Secretary of State may declare an asylum or human rights claim made by a person who is a national of a State listed in section 80AA(1) inadmissible.”;”.(3) In subsection (2), after paragraph (c) insert—“(ca) in subsection (4) after “considered” insert “or if the failure to consider an asylum or human rights claim would contravene the United Kingdom’s obligations under the Human Rights Convention”.”. (4) In subsection (3), after subsection (4) of the inserted section 80AA of the Nationality, Immigration and Asylum Act 2002 insert—“(4A) The Secretary of State must by regulations amend the list in subsection (1) so as to remove a State if the Secretary of State is satisfied that the statements in subsection (3)(a) or (b) are no longer true of a state or territory, or part of a state or territory, in relation to a description of person.(4B) In deciding whether the statements in subsection (3)(a) or (b) are no longer true of a state or territory, the Secretary of State must have regard to the circumstances and information listed in subsection (4)(a) and (b).(4C) A description for the purposes of subsection (4A) may refer to—(a) sex,(b) language,(c) race,(d) religion,(e) nationality,(f) membership of social or other group,(g) political opinion, or(h) any other attribute or circumstance that the Secretary of State thinks appropriate.”.”Member’s explanatory statement This amendment alters the amendments made by section 59 of the Illegal Migration Act 2023 to sections 80A and section 80AA of the Nationality, Immigration and Asylum Act 2002. It turns the duty into a power, to declare as inadmissible a human rights or asylum claim, which may not be exercised if the failure to consider a claim would contravene the UK’s obligations under the ECHR. It also creates a duty to remove States from the Safe States list, if they are no longer safe.