Member

74: After Clause 48, insert the following new Clause— “Defence under Article 31 of the Refugee Convention(1) Section 37 of the Nationality and Borders Act 2022 is repealed.(2) Section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention) is amended as follows.(3) Omit subsection (2).(4) After subsection (3)(c) insert—“(d) section 24 of the Immigration Act 1971 (illegal entry and similar offences).”(5) After subsection (4)(d) insert—“(e) section 24 of the Immigration Act 1971 (illegal entry and similar offences).”(6) Omit subsection (4A).”Member's explanatory statement This amendment alters the statutory defence for refugees to ensure compliance with Article 31 of the Refugee Convention which prevents penalisation of refugees who transit in a country on their way to receiving sanctuary in another country, if they have come directly from a place where their life or freedom was threatened and they have good cause for their irregular entry or presence. This amendment restores the common law position and repeals section 37 of the Nationality and Borders Act which sought to overturn it. It also expands the defence to cover not only offences relating to those who enter with false documents but also those who enter without any immigration documents.