Illegal Migration Act 2023

Clause 2, page 4, line 4, at end insert— “(d) the person has made a protection claim, which is likely to succeed on its merits, and –

Clause 4, page 5, line 8, leave out subsection (5)

Clause 51, page 53, line 17, leave out “number exceeds” and insert “numbers exceed or fall short of”

Clause 4, page 4, line 40, at end insert— “(2A) Subsection (2) does not apply to any person who has made a protection claim which is likely to succeed on its merits, and —

Clause 3, page 4, line 9, leave out subsection (2)

Clause 2, page 3, line 14, at end insert “(4A) In subsection (4), “membership of a particular social group” includes—

Clause 46, page 48, line 1, leave out subsections (3) to (10)

Clause 2, page 3, line 19, at end insert— “(5A) Subsection (5) does not apply unless the person passed through or stopped in at least one country outside the United Kingdom, where their life and liberty were not threatened as mentioned in subsection (4), to which the person may be returned within the terms of a formal, legally binding agreement between the United Kingdom and the country in question on facilitating returns.”

Clause 38, page 41, line 17, at end insert— “(4) Regulations under subsection (1) may not make any provision on the definition of ‘serious and irreversible harm’ which is inconsistent with the applicable case law of the European Court of Human Rights, in its considerations of whether to grant interim measures under rule 39 of its Rules of Court.”

Clause 45, page 47, line 21, at end insert— “(2A) In cases where subsection (2) applies to a person who has made a protection claim or a human rights claim, that claim may no longer be considered inadmissible,”

Clause 51, page 53, line 31, at end insert— “(6A) Regulations under subsection (6) must make provision for the definition of ‘safe and legal route’ to include —

Clause 5, page 6, line 33, at end insert— “(c) in a case where P is a national of a country to which their return may reasonably be expected to constitute a breach of Article 33 of the Convention relating to the Status of Refugees of 1951.”

Clause 51, page 53, line 13, leave out “exceeds the number” and insert “exceeds the maximum number or falls short of the minimum number”

Clause 2, page 4, line 4, at end insert— “(d) the Secretary of State is satisfied that the person is cooperating with a public authority in connection with an investigation or criminal proceedings related to people smuggling offences, and that it is necessary for the person to remain in the United Kingdom for the purposes of such cooperation.”

Clause 4, page 4, line 28, leave out subsection (1)

Clause 4, page 5, line 3, leave out subsection (4)

Clause 51, page 53, line 3, leave out “maximum number” and insert “minimum and maximum numbers”

Clause 5, page 5, line 36, at end insert— “(1A) If arrangements for the removal of a person have not been made after six months from the person’s entry or arrival in the United Kingdom, the duty to remove in section (2)(1) no longer applies to that person and any protection claim or human rights claim made by that person may no longer be considered inadmissible.”

Page 50, line 34, leave out clause 50

Clause 2, page 3, line 12, after “race” insert “gender”

Clause 2, page 3, line 12, after “race” insert “gender”

Clause 2, page 2, line 33, leave out “four” and insert “five”

Clause 2, page 3, line 18, leave out from “they” to end of line 19 insert “lawfully settled or found protection in another country outside the United Kingdom where they faced no serious risk of persecution or violations of their human rights and which complies with the requirements of the 1951 Convention on Refugees”

Clause 2, page 3, line 21, at end insert— “(6A) The fifth condition is that the person was either—

Clause 2, page 3, line 8, after “person” insert “does not have family members in the United Kingdom, and”

Clause 2, page 3, line 15, leave out subsection (5) and insert— “(5) Subsection (4) is to be interpreted in accordance with article 31(1) of the United Nations Convention on Refugees.”

Clause 2, page 2, line 32, leave out “must” and insert “may”

Clause 2, page 2, line 33, at end insert “subject to the exceptions in subsection (1A).”

Clause 2, page 3, line 11, at end insert “with which the United Kingdom has a formal legally binding agreement to facilitate returns required under this section, and”

Clause 2, page 3, line 9, leave out “on or after 7 March 2023” and insert “more than one month after this section comes into force”

Clause 2, page 2, line 33, at end insert— “(1A) This section does not apply to a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country.”

Clause 2, page 2, line 33, at end insert— “(1A) This clause does not apply to persons who there are reasonable grounds to suspect are victims of torture.”

Clause 2, page 2, line 33, at end insert– “(1A) This section does not apply to a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L is removed in accordance with this section.”

Clause 2, page 3, line 8, after “person” insert “is not a citizen of Ukraine, and”

Clause 2, page 2, line 33, at end insert— “(1A) This clause does not apply to a person who has been diagnosed with AIDS or as HIV positive.”

Clause 2, page 2, line 33, at end insert— “(1A) This section does not apply to a person who was under the age of 18 when they arrived in the UK”

Clause 2, page 2, line 33, at end insert— “(1A) This section does not apply to a person who is a refugee under the Refugee Convention or in need of humanitarian protection.”

Clause 2, page 2, line 33, at end insert— “(1A) This clause does not apply to an individual who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”

Clause 2, page 2, line 33, at end insert— “(1A) This clause does not apply to persons who there are reasonable grounds to suspect are victims of trafficking or slavery.”

Clause 2, page 3, line 22, leave out subsection (7)

To move the following Clause— “Detainees: permission to work after six months

To move the following Clause— “Arrangements for removal: pregnancy

To move the following Clause— “Effect of this Act on victims of modern slavery: independent review

To move the following Clause— “Effect of this Act on pregnant migrants: independent review

To move the following Clause— “Report on safe and legal routes

To move the following Clause— “Independent child trafficking guardian

To move the following Clause— “Expedited asylum processing

To move the following Clause— “Accommodation: value for money

To move the following Clause— “Accommodation: duty to consult

To move the following Clause— “Effect of this Act on the health of migrants: independent review

To move the following Clause— “Serious harm suspensive claims: interpretation

To move the following Clause— “Border security checks

To move the following Clause— “Immigration rules since December 2020: human rights of migrants

To move the following Clause— “Credibility of claimant: concealment of information etc

To move the following Clause— “Interim remedies

To move the following Clause— “Legal aid

To move the following Clause— “Electronic devices etc

To move the following Clause— “Decisions relating to a person’s age

To move the following Clause— “Interim measures of the European Court of Human Rights

To move the following Clause— “Age assessments: power to make provision about refusal to consent to scientific methods

After Clause 60, insert the following new Clause— “Operational efficiency

After Clause 60, insert the following new Clause— “Publication of impact assessment on asylum accommodation

After Clause 60, insert the following new Clause— “Publication of financial impact assessment

After Clause 59, insert the following new Clause— “Safe passage visa scheme

<i>The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.</i>

After Clause 59, insert the following new Clause— “Refugee family reunion

After Clause 60, insert the following new Clause— “Asylum seekers’ right to work

<i>Baroness Ludford gives notice of her intention to oppose the Question that Clause 60 stand part of the Bill.</i>

<i>Lord Purvis of Tweed gives notice of his intention to oppose the Question that Clause 59 stand part of the Bill.</i>

After Clause 59, insert the following new Clause— “Humanitarian travel permit

After Clause 60, insert the following new Clause— “People smuggling

After Clause 60, insert the following new Clause— “Compatibility with UK-EU agreements

After Clause 60, insert the following new Clause— “Negotiating objective: cross-border police cooperation

After Clause 60, insert the following new Clause— “Office for Refugees and Asylum Seekers

After Clause 60, insert the following new Clause— “Duty to comply with recommendations of Chief Inspector of Prisons

After Clause 60, insert the following new Clause— “Ten-year strategy on human trafficking

After Clause 60, insert the following new Clause— “Ten-year strategy on refugees

After Clause 60, insert the following new Clause— “Secure reporting for victims of crime

Clause 58, page 61, line 3, at end insert— “(6A) The Secretary of State may not make regulations under subsection (1) specifying any limit on the number of persons who arrive under the following schemes—

After Clause 58, insert the following new Clause— “Duty to establish safe and legal routes

Clause 56, page 59, line 1, leave out “quash the decision” and insert “grant relief”

After Clause 60, insert the following new Clause— “Emergency visas for human rights defenders

Clause 56, page 58, line 37, after “tribunal” insert “must determine the application on the basis that the person’s age is a matter of fact to be determined by the relevant authority; and accordingly the court or tribunal”

Clause 56, page 58, line 38, leave out from “may” to “was” and insert “grant relief only on the basis that the decision”

After Clause 61, insert the following new Clause— “Organised immigration crime enforcement

Clause 56, page 58, line 34, leave out subsection (4)

After Clause 60, insert the following new Clause— “Refugee family reunion

Clause 57, page 60, line 13, at end insert— “(2A) The regulations must provide that the consequence mentioned in paragraph (b) of subsection (2) shall not apply if P’s refusal to consent to the use of the specified scientific method was reasonable in all the circumstances.”

Clause 56, page 58, line 25, leave out subsection (2)

Clause 59, page 63, line 17, at end insert— “(6A) The Secretary of State may not make regulations under subsection (1) specifying any limit on the number of persons who arrive under the following schemes—

After Clause 59, insert the following new Clause— “Duty to establish safe and legal routes

After Clause 59, insert the following new Clause— “Safe and legal route for persons persecuted for their protected characteristics

After Clause 59, insert the following new Clause— “Safe and legal route: protection claim

Clause 56, page 58, line 37, leave out from “tribunal” to the end of line 3 on page 59 and insert “may grant relief only on the basis that the decision— (a) was wrong in law, or

Clause 59, page 63, line 1, after “authorities” insert “as the Secretary of State considers appropriate, (aa) the Executive Office in Northern Ireland”

Clause 59, page 63, line 2, leave out from “bodies” to end of line 3 and insert “as the Secretary of State considers appropriate.”

After Clause 61, insert the following new Clause— “Ten-year strategy on refugees and human trafficking

Clause 56, page 58, line 25, leave out subsections (2) to (4) and insert— “(2) Subsection (5) applies if P makes an application for judicial review of—

Clause 59, page 63, line 25, leave out from “1994” to end of line 26

Clause 59, page 63, line 1, at beginning insert “in England and Wales and Scotland,”