Member

70: After Clause 48, insert the following new Clause— “Humanitarian travel permit(1) On an application by a person (“P”) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person, subject to subsection (2).(2) The Secretary of State may by regulations establish a monthly cap of the number of applications that may be granted under subsection (1).(3) For the purposes of subsection (1), P is a relevant person if—(a) P intends to make a protection claim in the United Kingdom,(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success, and(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.(4) For the purposes of subsection (2), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted,(b) the strength of P’s family and other ties to the United Kingdom,(c) P’s mental and physical health and any particular vulnerabilities that P has, and(d) any other matter that the decision-maker thinks relevant.(5) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.(6) The requirements are—(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006, and(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).(7) No fee may be charged for the making of an application under subsection (1).(8) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order. (9) A condition under subsection (8) must include the provision of biometric information under section 34 of this Act.(10) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.(11) For the purposes of this section—(a) “appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph(1),(b) “entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971,(c) “protection claim”, in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—(i) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (“the Refugee Convention”),(ii) in relation to persons entitled to a grant of humanitarian protection, or(iii) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (“the European Convention on Human Rights”),(d) “persecution” is defined in accordance with the Refugee Convention, and(e) “serious harm” means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom’s obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”Member’s explanatory statement This new clause would create a new “humanitarian travel permit”.