Immigration and Asylum Bill (Eighth sitting)
(1 day, 9 hours ago)
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The Committee divided: - Ayes: 3 / Noes: 11 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 11 - Question accordingly negatived.
The Chair
I remind the Committee that with this we are discussing the following:
Amendment 108, in clause 20, page 18, line 13, at end insert—
“(3A) The first and second sets of exceptional circumstances do not apply where a person has been convicted of—
(a) a specified offence within the meaning of section 306 of the Sentencing Code, or
(b) an offence listed in Schedule 3 to the Sexual Offences Act 2003 committed against a person under the age of 18.”
This amendment would prevent foreign nationals convicted of specified violent, sexual or terrorism offences, or sexual offences against children, from resisting deportation on the long-residence or “unduly harsh” family grounds, whatever their sentence.
Amendment 109, in clause 20, page 18, line 29, leave out from “is” to end of line 30 and insert
“over and above that which would arise if the circumstances in subsection (4) or (5) applied.”
This amendment would require very compelling circumstances going beyond the long-residence and family exceptions, rather than circumstances merely “at least as strong as” them, restoring the formulation in the current section 117C(6).
Amendment 110, in clause 20, page 18, line 34, after “3(5)(a)” insert “, (5)(b)”
This probing amendment would include family members of a deportee within the definition of a person liable to deportation for the purposes of Part 5A.
Amendment 111, in clause 20, page 18, line 36, leave out “(2) to (4)” and insert “(2) and (3)”
This amendment is related to Amendment 107. It would retain section 117D(4) of the Nationality, Immigration and Asylum Act 2002, which sets out how a period of imprisonment is calculated for the purposes of Part 5A of that Act.
Clause stand part.
New clause 45—Deportation of foreign offenders—
“(1) The UK Borders Act 2007 is amended as follows.
(2) In section 32, for subsections (1) to (3) substitute—
‘(1) In this section “foreign criminal” means a person—
(a) who is not a British or Irish citizen, and
(b) who is—
(i) convicted in the United Kingdom of an offence, or
(ii) charged with an offence under section 24 of the Immigration Act 1971.’
(3) In section 33, omit subsections (1)(b), (2), (3) and (6A).
(4) In section 24 of the Immigration Act 1971, omit all instances of the word ‘knowingly’.”
This new clause would require the Secretary of State to make a deportation order in respect of a foreign national who is convicted of an offence or who is charged with an offence under section 24 of the Immigration Act 1971.
New clause 66—Automatic deportation: forced-marriage offences—
“(1) Section 32 of the UK Borders Act 2007 is amended as follows
(2) In subsection (1)(c), for ‘Condition 1 or 2’ substitute ‘Condition 1, 2 or 3’.
(3) After subsection (3) insert—
‘(3A) Condition 3 is that the person has been convicted of an offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: England and Wales).’”
This new clause would amend section 32 of the UK Borders Act to create a separate basis for automatic deportation where a person is convicted in the United Kingdom of an offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014, concerning forced marriage.
New clause 67—Particularly serious crime: National Security Act 2023 offences—
“(1) Section 72 of the Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2) After (5ZB) insert—
‘(6) A person is presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted in the United Kingdom of an offence listed in the National Security Act 2023; and
(b) the person is not, by virtue of the conviction, a person falling within subsection (2).’”
This new clause would make any conviction of an offence under the National Security Act 2023 an automatic deportation offence, as is currently the case with offences under Schedule 3 of the Sexual Offences Act 2003.
The Minister for Border Security and Asylum (Anna Turley)
It is, as always, a pleasure to serve under your chairmanship, Mrs Barker. This morning, we were debating clause 20 and amendments 107, 109 and 111, and I will pick up where I left off.
There will be an assessment of the public interest in every case before an article 8 breach can be found, taking into account not only the seriousness of someone’s offending, but other relevant factors such as their immigration status. The aim of the new article 8 test is to take a broader view of the public interest and move away from the sentence-based or offence-type focus when assessing the severity of offending.
Conservative amendment 109 seeks to elevate the test of “very compelling circumstances” in the third set of exceptional circumstances, requiring circumstances above and beyond what would be demonstrated by meeting either of the other two exceptional circumstances tests. The exceptions in the current article 8 framework are different from the three sets of exceptional circumstances, and it is through that new framework that very compelling circumstances must be viewed.
The third exceptional circumstance does not replace the current “very compelling circumstances” test and does not operate in the same way. The three sets of exceptional circumstances are intended to be exactly that: exceptional. They serve as a gateway to a full consideration of whether the public interest in deportation is outweighed in the individual case.
Under the current framework, the exceptions operate as exceptions to deportation. If a foreign criminal meets one of the exceptions, or can show very compelling circumstances over and above those exceptions, deportation will be prevented. Under the new framework, the third exceptional circumstance, which refers to very compelling circumstances, simply ensures that a person has a sufficiently strong article 8 claim before the courts consider whether the interference with their article 8 rights outweighs the public interest in deportation.
Meeting that threshold does not mean that deportation is automatically avoided—it is not a pass or a threshold to get over. It acts a filter to ensure that, where a person cannot meet one of the three sets of exceptional circumstances, their article 8 claim will fail without the court proceeding to a proportionality assessment. This is not a watering down of the very compelling circumstances test as it applies under the current framework. Rather, under the new framework, “very compelling circumstances” operates as a gateway to a full consideration of whether the public interest in deportation is outweighed in the individual case.
Amendment 110 would bring those being deported as the family member of a foreign national offender into scope of clause 20. Although the Immigration Act 1971 makes provision for the deportation of family members as a matter of policy, that is not a course that Governments have pursued in practice. Instead, where a family member’s permission to stay in the UK depends on the status of the person being deported, the usual approach is to consider their removal under administrative removal powers. Where a family member raises an article 8 claim, it will be considered under section 117B of the Nationality, Immigration and Asylum Act 2002.
The exclusion from clause 20 of section 3(5)(b) of the 1971 Act is deliberate. Clause 20 is concerned with how article 8 is to be interpreted in cases involving the deportation of a foreign national whose own conduct has made them liable to deportation. A family member liable to deportation under section 3(5)(b) of the Immigration Act 1971 is not being deported because of their own criminality or conduct. Even if that power were used, it is appropriate that any article 8 claim made by that family member should continue to be assessed under the framework set out in section 117B of the 2002 Act, rather than under the deportation framework.
The amendments are unnecessary. Clause 20 already ensures that no foreign criminal will avoid deportation simply by establishing an impact on their private or family life. Instead, every case will require a full assessment of whether any interference with article 8 rights is outweighed by the public interest in deportation, with particular weight given to the seriousness of offending. The clause therefore strengthens the deportation framework while preserving individual assessment in genuinely exceptional cases.
Before I move on, I will come back to the questions raised by the hon. Member for Brighton Pavilion this morning, as I did not get the chance to respond. In our debate about financial independence and public service pressures, she mentioned discrimination and concerns about vulnerability. I want to be clear that the intention is not to penalise people for hardship. The reforms preserve protections for vulnerable people and children while making it clear that immigration control and the wider public interest should be given proper weight. It is about restoring balance, not removing safeguards.
The hon. Member for Brighton Pavilion also made points about the best interests of children. We are clear that the reforms set out in clause 19 do not remove protections for children. The best interests of children will remain a primary consideration in immigration decision making. The reforms ensure that children’s interests are considered along with other important factors, such as compliance with immigration law and the wider public interest in maintaining an effective immigration system. The reforms ensure that all relevant factors are properly weighed and that immigration decisions are fair, proportionate and consistent. Where a decision is taken to remove a child’s parent, it is ultimately for the parents to decide whether to relocate together as a family or to live separately. In every case, the Government will continue to consider fully the best interests of any child involved.
The hon. Member addressed the word “precarious” and questioned whether clause 19 would mean that little weight is given to family life in cases in which a person has anything short of settled status. Let me be clear: the reforms do not penalise people for following our immigration rules. They place greater emphasis on the public interest in fair and controlled immigration systems, with greater weight given to compliance with the rules and with the public interest test. Article 8 rights developed while someone is in the UK without settled status are given less weight, in recognition that the ability to maintain family or private life in a country where the individual does not have permanent status is naturally precarious.
I was also asked what constitutes a serious breach. We expect everyone to comply with the conditions of their permission to stay, but I want to be clear that not every breach is equal. It would not be right to treat a minor or technical breach in the same way as deliberate or repeated non-compliance, or to equate it to illegally entering or staying in the UK. Whether a breach is serious will depend on its circumstances. The nature of the breach, why it occurred, its frequency and duration, and whether the individual disclosed it and engaged with the Home Office will all be taken into consideration. Should someone who knowingly and repeatedly fails to comply with reporting requirements be treated the same as someone who misses a single appointment for a genuine reason and informs the Home Office? I think we know the answer. The distinction allows us to take a firm but proportionate approach, including where multiple breaches taken together amount to serious non-compliance.
On the impermissibility limit and whether the circumstances of offending are taken into account, proposed new section 117C of the Nationality, Immigration and Asylum Act 2002 expressly allows for the
“nature and circumstances of…offending”
to be taken into account. I am grateful to the Committee for allowing me to clarify those points from the earlier discussion.
On new clause 45, the Government are clear that foreign nationals who commit serious crimes should be deported. The automatic deportation provisions already provide a firm statutory framework for foreign criminals who meet the relevant thresholds. They require that a deportation be made wherever the law permits. Outside the automatic deportation regime, there are legal powers to consider the deportation of any non-British citizen whose deportation is conducive to the public good. The new clause is not a proportionate or workable way to strengthen that framework. It would make any conviction, however minor, sufficient to trigger automatic deportation. If a foreign national had resided lawfully in the country for over 40 years but received an absolute discharge on conviction for a minor motor offence, the Home Secretary would be under a duty to deport them unless an exemption applied. Such deportations would likely be unworkable in practice because they would be disallowed on appeal on article 8 grounds under the European convention on human rights.
The new clause would also bring a person within the definition of a “foreign criminal” merely because they had been charged with an immigration offence before a court had determined guilt. That would be fundamentally contrary to our legal system, in which an individual is innocent until proven guilty, and it would represent a substantial expansion of the auto-deport regime. The new clause would also remove statutory exceptions and delete the word “knowingly” throughout section 24 of the Immigration Act 1971. Those changes could have consequences well beyond the stated aim of the new clause, including for criminal liability, fairness and the UK’s international obligations.
Decisions to deport must be robust, lawful and capable of withstanding challenge. A measure that is drafted too broadly risks delay, additional litigation and outcomes that cannot be lawfully implemented. For those reasons, I ask Conservative Members not to pursue new clause 45.
I turn to new clause 66. Forced marriage is an appalling crime, as the Committee would agree. The Government are clear that people who commit that offence must face the full force of the criminal law and, where they are foreign nationals, deportation—I want to be absolutely explicit about that in this Committee. However, we do not consider that the new clause is the right way to achieve that aim. Under the UK Borders Act 2007, the Secretary of State is already required to make a deportation order where a qualifying foreign criminal receives a sentence of at least 12 months, subject to the statutory exceptions.
If that threshold is not met, the existing power to deport where conducive to the public good—of which I think this crime would be clear evidence—remains available. The new clause would make a conviction for one specified offence sufficient to trigger automatic deportation, regardless of the sentence imposed. It could therefore apply even when the sentencing court considers that a non-custodial sentence is appropriate. That would cut across the existing structure, which uses the sentence and other statutory criteria as indicators of seriousness.
Although I recognise the intention and understand the purpose of the new clause, it is not feasible to specify on the face of the Bill all the crimes that we would like to carry that result. We use sentences to indicate seriousness, and we would be in danger either of missing out or of diminishing other horrendous offences if we did not also put them in the Bill—I am sure that that is not the intention of the hon. Member for Mid Bedfordshire. The new clause is also confined to the England and Wales offence and does not address equivalent offending across the whole of the UK. Automatic deportation would in any event remain subject to the exceptions in section 33 of the UK Borders Act, including our international obligations. I understand the objective of the new clause, but for those reasons, and although I acknowledge the abhorrence of forced marriage, I ask the Committee to reject it.
I turn to new clause 67. Before considering it in detail, I draw attention to the fact that, despite what is asserted in the explanatory statement provided by the hon. Member for Rutland and Stamford (Alicia Kearns), the new clause would not achieve her aims. It amends the test for disapplying the prohibition against returning refugees to danger, rather than amending the threshold for auto-deportation. It sets out that convictions for offences under the National Security Act 2023 should be presumed to be particularly serious crimes under section 72 of the Nationality, Immigration and Asylum Act 2002.
Article 33 of the refugee convention already allows refugees to be returned to their country when they have committed a particularly serious crime and, as a result, constitute a danger to the community. There is no definition of “particularly serious crime” in the convention, and no universal uniformity in the interpretation adopted by other states parties. It is open to the UK to interpret the term in good faith, which requires consideration of the ordinary meaning of the words, and it is clear that national security offences are particularly serious crimes.
Article 33.2 of the refugee convention also allows refugees to be refouled where they are a danger to the security of the UK. That may include individuals who engage in unacceptable behaviours in the UK or abroad, or who undertake or espouse extremist views, as well as those who foment, justify or glorify terrorist violence to further particular beliefs or provoke others to commit terrorist acts. There is no requirement in the convention for a criminal conviction. The new clause would therefore have very little impact in practice; if anything, it would set the threshold too high. It is already Home Office policy in cases involving national security threats, or where there is a conviction for a particularly serious crime and the individual is considered to pose a threat to the community, to refuse refugee status and to seek to remove the individual from the UK.
It is imperative that any asylum seekers and refugees who have been convicted of particularly serious crimes, or who constitute a danger to UK society, do not benefit from protection status. Not only have they failed to respect the laws of the United Kingdom by committing heinous acts, but they have also undermined public confidence in the ability of the state to protect the public. For the reasons that I have outlined, I respectfully request that hon. Members do not pursue their amendments and new clauses, and I commend clause 20 to the Committee.
Question put, That the amendment be made.
Siân Berry (Brighton Pavilion) (Green)
I beg to move amendment 75, in clause 21, page 19, line 19, at end insert—
“(2A) In making regulations under subsection (1), the Secretary of State must have regard to the need to safeguard and promote the welfare and best interests of any children in respect of whom a protection claim is made or who are granted protection status.”
This amendment would require regulations under Clause 21 to take into account the best interests of children.
The Chair
With this it will be convenient to discuss the following:
Amendment 51, in clause 21, page 19, line 26, leave out paragraph (c).
This amendment would leave out the provision for regulations about protection status and claims to confer rights or impose obligations on a person.
Amendment 52, in clause 21, page 19, line 34, leave out paragraph (e).
This amendment would leave out the provision for regulations about protection status and claims to make different provision for claims made on Convention or humanitarian grounds.
Amendment 137, in clause 21, page 19, line 37, at end insert—
“(3A) Regulations under subsection (1) which provide for the grant of protection status must provide that, before any further leave to remain is granted to a person with protection status, the Secretary of State must consider whether the person’s removal from the United Kingdom would still breach the United Kingdom’s obligations on the Convention ground or the humanitarian protection ground.”
This probing amendment would require regulations to provide that a person’s continuing need for protection is considered every time their protection status comes up for renewal, rather than only in targeted cases.
Amendment 53, in clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) must provide that a person granted protection status—
(a) must be given an initial grant of leave to remain of not less than five years, and
(b) must be eligible to apply for indefinite leave to remain after holding protection status for five years.”
This amendment would mean that people granted protection status would also be given an initial grant of leave to remain for at least five years, with the ability to apply for indefinite leave to remain after five years.
Amendment 54, in clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) must provide that close family members of a person granted protection status are able to apply for leave to enter and remain in the United Kingdom.
(3B) For the purposes of subsection (3A), ‘close family members’ include—
(a) a person’s spouse, civil partner or unmarried partner; and
(b) any child, including adopted child, of the person who is either—
(i) under the age of 18, or
(ii) over the age of 18 but dependent on the person.
(3C) Regulations described in subsection (3A) must not require the payment of any fee, charge or immigration health surcharge, nor impose any minimum income, maintenance, accommodation or financial requirement.”
This amendment would require regulations to allow close family members of people granted protection status to apply for leave to enter and remain in the United Kingdom, without having to pay any fee.
Amendment 74, in clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) may not make provision which has the effect of making the rights, entitlements or protections available to a person granted protection status more restrictive than those available to a person granted asylum or humanitarian protection before 30 June 2026.”
This amendment would reflect the commitment in the delegated powers memorandum for this Bill that the Clause 21 regulation-making powers “will not be used to reduce the entitlements currently held by refugees or persons with humanitarian protection.”
Amendment 138, in clause 21, page 20, line 32, at end insert—
“(7) Before a draft of the first statutory instrument containing regulations under this section is laid before Parliament, the Secretary of State must publish—
(a) a draft of the regulations, and
(b) a statement of the changes to the immigration rules which the Secretary of State proposes to make in connection with protection status, including—
(i) the period of leave to be granted to a person with protection status,
(ii) the circumstances in which a person’s continuing need for protection will be reviewed, and
(iii) the qualifying period for indefinite leave to remain.”
This probing amendment would require the Government to publish its draft regulations on protection status, together with the proposed Immigration Rules on the length of leave, reviews and the route to settlement under core protection, before asking Parliament to approve the regulations.
Clause stand part.
Government new clause 35—Core protection: protection claims and protection status.
Government new clause 36—Core protection: amendments.
Government new schedule 1—Core protection: amendments.
Siân Berry
It is great to have you in the Chair this afternoon, Mrs Barker.
Amendment 75 was tabled to the original clause 21. The Government published amendments on 13 October that removed clause 21 and added new clauses 35 and 36, a new schedule and some additional amendments linked to the new core protection status. However, the issues raised in my amendments 75 and 74—as well as in amendments 51 to 54 tabled by the hon. Member for Harrogate and Knaresborough—continue to be relevant to this debate.
Amendments 75 and 74 are focused on the broad nature of the powers in relation to conferring rights and obligations or requirements on someone with or claiming protection status. That was set out in clause 21(3)(c) and is retained in subsection (3)(c) of Government new clause 36. My concerns remain relevant, as I said. I will not press my amendments to a vote, but the Government need to consider those issues seriously and respond to my points.
Government new clause 35 will remove clause 21(6)—the sunset clause—which limited the time period for regulations to be made under the clause to one year after the Bill comes into force. New regulations can therefore be made indefinitely under that new clause, and I would like the Government to justify that change.
Amendment 75, which was tabled to the Bill as introduced, sought to ensure that regulations must have regard to the best interests of a child. No child rights impact assessment has been produced on any aspect of this corporate action model, despite the fact that the shortening of refugee leave to 30 months already applies to children and families seeking asylum for over six months.
The amendment would make sure that, before making regulations, the Government look properly at the impact of corporate action, including the short periods of leave and the long route to settlement in this—I think downgraded—protection status. I am particularly worried about this in relation to the ability to settle, make family life and all the kinds of rights that children have. When the Government do this, they need to pay particular attention to the Home Office’s legal duties under section 55 of the Borders, Citizenship and Immigration Act 2009. Applied to children and young people, corporate action and the 20-year route will undermine children’s well-established need for stability, particularly refugee children as they recover and rebuild their lives following what is probably life-changing trauma and distress.
In addition, repeated immigration status reviews and uncertainty around long-term residence will drive avoidable school and college moves as families are forced to relocate at short notice or potentially lose housing as a result of insecure employment status and other impacts of this shorter period of leave and the resulting uncertainty. For children, each move disrupts attendance and their ability to get pastoral or potentially special educational support. It can set back attainment or harm social integration, particularly at a stage when continuity is most important for children and young people. Temporary leave cycles and renewal windows are inevitably going to risk coinciding with exams, including GCSEs, highers, A-levels and vocational assessments. Anxiety about imminent status decisions could undermine revision and therefore exam performance, and in some cases, young people facing disruption will miss exams completely. This must be looked at very closely.
I also want the Government to think about children who are getting ready for higher education; they are just about to become adults and are potentially looking to study in this country. Unstable status also makes it harder for young people to secure home fees and student financing. Short grants of leave could push refugees into the overseas fee category for a long time or leave them ineligible for maintenance support. The rights of children growing up in this country would be impacted because they would have university access and progression closed off to them. They might be forced to defer going to university, which might stall their integration into the community or harm their earnings potential.
I do not think that any of those impacts are in the public interest, and I want Government to at least commit today to conducting a child rights impact assessment that will look at all of these things in part 3 of the Bill before Third Reading—and certainly before any of the regulations in this part are made.
Amendment 74 would ensure that there was no regression of rights and entitlements. It is needed because the broad regulation-making powers contained in clause 21 currently have very few limitations on scope. The delegated powers memorandum says that the powers will not be used to reduce the entitlements of refugees, and this amendment would seek to reflect that by requiring that they do not reduce rights and entitlements below what was in place on the day that the Bill was introduced. The amendment merely reflects what the Government have said their intentions are: in part 48 of the delegated powers memorandum, the Government state that the measure will not be used to reduce
“the entitlements currently held by refugees”
or persons with humanitarian protection.
The amendment seeks to reflect this commitment in the Bill: that people who have already been granted protection status before the Bill is introduced retain the rights, entitlements and protections that currently exist. That would include family reunion with no additional eligibility criteria and a five-way pathway to settlement, if interpreted correctly according to what the Government have said. That clarity is very much needed for refugees who are currently in the UK and need certainty of their situation so that they can focus on developing their life in this country—integrating, earning and all the things that will help their family life and their children.
I have a question about a particular part of new clause 35. I welcome the detail in schedule 1 and I appreciate having it at this stage so that we can scrutinise the Bill. However, part 7 of new clause 35 gives the Secretary of State the power to
“revoke a person’s protection status.”
That is literally all it says. While a whole section of the immigration rules covers the situations where a person’s refugee status and humanitarian protection can be revoked, on the face of this Bill, the Government are creating a very broad ability to revoke that status, which is currently unconstrained. Why are the Government not listing suitable uses of that power on the face of the Bill?
This issue is particularly relevant because in the last few weeks other parties—not represented on this Committee—have announced their desire to revoke the right to asylum and revoke refugee status for some who have already found protection in the UK. The Government rightly stood up for the right to asylum and stood against those proposals. It would be good to have that on the face of the Bill, so that we have better protections against the risk of the power being taken over by another party or future Home Secretary who would abuse it. I would like the Government to clarify that.
Finally, it would be useful to hear how the Minister believes the change in new clause 35 will simplify decision-making processes since we have heard in oral evidence that the convention grounds cannot be done away with. Merging them with what had previously been known as the humanitarian protection grounds is potentially complex and confusing for people. Will the Government clarify how people will be told on what grounds they have been granted protection, in order to make sure that the Bill is very clear?
Tom Gordon (Harrogate and Knaresborough) (LD)
I will speak to my amendments 51 to 54. I have a number of questions that I hope the Minister will be able to answer and give more clarity and certainty on.
On amendment 51, part 3 gives the Home Secretary a very broad power to make regulations introducing core protection. The delegated powers memorandum says it is to bring the statute book in line with the new definition of protected status, but clause 21(3)(c) lets regulations confer rights and impose obligations on those claiming or holding protection, and clause 21(3)(e) lets them treat convention and humanitarian grants differently. In my view, that goes well beyond updating definitions. Could the Minister explain that?
If the powers are to deliver entitlements in restoring order and control statements, which is obviously the 30-month protection, 20-year route to settlement, no family reunion, new work and study route, then Parliament should see them during the passage of the Bill. Changing refugees’ entitlements matters for how they rebuild their lives and integrate, and for the wider points around the economy and social cohesion. That needs proper scrutiny, not a negative procedure SI.
In reference to amendments 51 and 52, if regulations will change entitlements and obligations, can the Minister set out what exactly those changes will be? If not now, will they be set out before the Bill leaves the Commons? How will those changes meet the desired outcomes and will there be further impact assessments to understand the implications of them?
Amendment 53 is about the five-year leave and settlement. Since March 2026, refugees have been granted 2.5 years instead of five. The Home Secretary insists on a minimum 20-year route to settlement, up from five. Amendment 53 would restore an initial grant of at least five years and eligibility for settlement after five years. Reviews every 30 months and a settlement route that feels out of reach makes it harder to focus on learning English, training and work. People invest in their future when they know that they have one here. The Refugee Council estimates there will be up to 1.1 million reviews in the first decade, at a cost of up to £725 million. That would add additional pressure to the Home Office, which cannot yet decide claims well the first time. The Government say that they were inspired by Denmark, but in some ways it is far more restrictive. Most of Europe grants around five years and then settlement, but Denmark allows settlement after eight years for restricted conditions.
Matt Vickers (Stockton West) (Con)
It is a pleasure to serve under your chairmanship, Mrs Barker. Let me set out the test that we will apply to this part of the Bill. Protection should be there for people who genuinely need it, when they need it. When that need ends, they should go home. That is what the public expect, and it is what the Government say they want. The question is whether this part of the Bill delivers it.
First, to give them credit where it is due, the Government now propose to replace clause 21 with new clauses 35 and 36 and new schedule 1. Instead of leaving the whole framework to regulations, Ministers propose to put the definition into the Bill itself. That is better. Amendment 132 has not been selected so the question of retaining clause 21 will come through the stand part debate, but there is still a scrutiny problem. New clause 36 keeps a power to change primary legislation with no time limit. The linked Government amendment 134 makes those changes subject to affirmative approval, but other regulations would use the negative procedure. Why should powers to confer rights or impose obligations operate on that basis? What further change does the Minister already have in mind?
I support amendment 137, tabled by my hon. Friend the Member for Mid Bedfordshire. Before any further leave is granted, it would require consideration of whether removal would still breach our obligations on the convention or humanitarian protection grounds. That means checking the continuing need at every renewal, not just in selected cases. Government new clause 35 would give the Home Secretary a power to revoke protection status, but a power to revoke is not a duty to review. Will the Minister carry the principle of amendment 137 into the replacement framework? When protection is no longer needed, how will departure follow?
That is why we cannot support amendment 53, tabled by the hon. Member for Harrogate and Knaresborough. It would require an initial grant of at least five years and eligibility to apply for settlement after five years, but the passing of five years tells us nothing about whether protection is still needed. That need should determine the approach. Nor can we support amendment 54. It would allow partners, children and dependent adult children to apply to join someone with protection status without fees, a health surcharge, an income test or maintenance or accommodation requirements. Who pays when the sponsor cannot support or house the family? What assessment has been made of the numbers and the pressure on housing, schools and GP surgeries?
On amendment 75, how would children’s interests be considered under the replacement framework? Amendment 51 would challenge the power to confer rights and impose obligations, while amendment 52 would challenge a different provision for convention and humanitarian claims. What difference does the Minister intend? On amendment 74, would the commitment not to reduce existing entitlements still apply?
I support amendment 138, tabled by my hon. Friend the Member for Mid Bedfordshire. Before the first regulations were put to Parliament, it would require the publication of draft regulations and a statement of the proposed immigration rules, covering the length of leave, reviews of protection and the qualifying period for settlement. Those details would tell us how this will actually work. Although the amendment was drafted against clause 21, the need for those answers does not disappear when the Government replace it. Will the Minister publish the equivalent material for the new framework before asking Parliament to approve its implementation?
What happens to existing grants, pending claims and live appeals? Will anyone have to reapply because the label has changed? What staff and resources will be needed to review protection properly without creating another backlog? We support protection for as long as it is needed. Amendments 137 and 138 ask Ministers to explain how they will check that need and show Parliament the rules. Putting definitions in the Bill is welcome, but we still need to know how the system will work.
Anna Turley
I really appreciate the contributions from all the hon. Members this afternoon. Before responding directly to the clauses and amendments that we have discussed so far, I hope the Committee will allow me to set out why this approach is being taken.
As part of the wider core protection reforms set out by the Home Secretary last year in the “Restoring Order and Control” statement, the UK’s asylum policy statement published in November 2025 set out the new approach to protection in the UK. That marks a significant change in direction away from an assumption of offering permanent protection towards protection that is granted for the duration of need, which we call “core protection”. Put simply, replacing the two categories of protection—refugee and humanitarian protection status—with one single form of protection status will simplify the asylum decision making process and prevent unnecessary and tenuous appeals.
It is important to reflect on how we got to where we are. Those two protection statuses are essentially a historical relic from separating those in danger on return to their countries of origin from those in need of protection for political or identity reasons. As time has evolved, the two statuses have become functionally identical, except in some small areas such as travel documents. That creates an administrative burden for the Home Office for no good reason. We are therefore proposing to merge those two statuses.
Clause 21 will reconcile those two statuses so that the system is administratively simpler for refugees and decision makers. In order to do that, we are also taking a limited power to deal with the existence of terms such as “refugee”, “refugee protection” and “humanitarian protection”, which exist throughout our extensive immigration and asylum statute book and will need replacing with a single term: “core protection”. Under the current system, those who qualify for refugee or humanitarian protection status are granted similar entitlements—30 months’ permission to stay and the same route to settlement. Where there are differences, such as in relation to travel documents, we are making changes to ensure that all those who are granted core protection are eligible.
One of the points raised in the debate was about whether we are more expansive than other European countries. That is absolutely right; as the Home Secretary set out in “Restoring Order and Control”, our offer to refugees is more expansive than that of other European countries. Once they are granted refugee status, the current system grants leave to remain for five years. At the end of that period, refugees can immediately apply for settlement, giving them an indefinite right to live in the UK. This application is fee-free and essentially automatic, being almost entirely absent of requirements.
When compared with that of some of our European neighbours, this approach to protection is generous. In Denmark—a country that has tightened its asylum system in recent years—residence permits are issued to refugees for just two years, and they are designed to be temporary. Settlement can typically be obtained only after eight years of residence and is subject to multiple conditions, including full-time employment, meeting an earnings threshold, language proficiency and active citizenship.
Clause 21 sets out what constitutes a protection claim and who will qualify for protection status. A person has protection status if they have been granted permission to stay in the UK because removing them would breach our obligations under the refugee convention, or if they would be at real risk of serious harm. The UK is proud to offer sanctuary to those in need, for as long as it is needed, in line with our international obligations. We believe that all those who face persecution for a specified reason, as contained in the 1951 convention, as well as those who fear torture or indiscriminate violence due to war, should receive protection, and that this country should play its part.
This measure is part of simplifying the current system, which has two forms of protection status that grant similar entitlements, namely refugee status and humanitarian protection. Under the new system, individuals who qualify for protection will be granted core protection status. As such, this change will streamline asylum decision making and reduce unnecessary appeals.
Before I turn to the amendments themselves, I want to draw the Committee’s attention to Government new clauses 35 and 36 and new schedule 1. I will discuss them in detail in a moment, but it is the Government’s intention—quite unusually—that these new clauses will replace clause 21, as we have essentially updated it. I know that this is unusual, so I would just like to explain it to members of the Committee. Having included a limited power in the Bill upon its introduction, we now want to narrow that power with more detail, as we work through the technicalities of how this part will interact with what I know Members will agree is a very large volume of legislation on the statute book.
I thank the hon. Members for Harrogate and Knaresborough and for Brighton Pavilion for tabling amendments 53 and 54 and amendment 74 respectively, and I will address some of the questions they raised before I go into their specifics. The hon. Member for Brighton Pavilion suggested that there was the potential here to reduce entitlement, but that is absolutely not the case. If anything, there will be a minor levelling-up of humanitarian entitlement when it comes to travel documents. So there will be no reducing of entitlement.
We do not think that the origin of the claim should matter for the grounds for protection. We believe that there should be consistency across the two, so the entitlement is therefore the same. We want to be clear that, in all the amendments we have made, there is to be absolutely no levelling-down. As we heard, the Home Secretary’s delegated powers memorandum itself was clear that the powers would not be used to reduce entitlement.
The hon. Member for Brighton Pavilion mentioned the best interests of children, which builds on a debate we had earlier today. Of course, their interests are absolutely the priority throughout this process. Section 55 of the Borders, Citizenship and Immigration Act 2009 places a duty on the Home Office to ensure that its immigration, asylum, nationality and general customs functions are discharged with regard to the need to safeguard and promote the welfare of all children in the UK. The Home Office takes its section 55 duty seriously, and every child matters, as set out in our statutory guidance. We are committed to ensuring that we have regard to this duty in the development and implementation of new policy, including core protection, as well as when decision makers apply these policies to children within the UK.
The hon. Member asked about a sunset clause and why we have removed that in the existing powers. The key consequential amendments to primary legislation will be on the face of the Bill through new schedule 1. However, significant additional changes will still be needed for secondary legislation, which is why that was removed.
Siân Berry
I would like further clarity on why those grounds—the reasons for which revocation could be made—which the Minister read out very clearly, are not simply added to the Bill at this point to make the situation incredibly clear.
Anna Turley
I appreciate the hon. Lady’s question. The reason is that immigration rules are not normally put on the face of primary legislation. It would be unusual to do that on the face of the Bill. I can clarify that shortly with the hon. Lady, but that is my understanding of why this is not on the face of the Bill—because it is done through the usual route of immigration rules.
The hon. Lady asked what applicants will be told and how this will support those going through the process in simplifying their decision making. The decision-making process will be simplified in all decisions that would not currently be a grant of refugee status, because they will no longer refuse refugee status and then go on to separately consider serious harm. Instead, a single decision on risk on return will be made. Officials are already working with non-governmental organisations in the sector to identify the precise wording most appropriate in a new grant letter.
The hon. Member for Harrogate and Knaresborough asked what the 30-month renewal will involve. We are committed to ensuring that our policies are sustainable and do not place unnecessary burdens on the taxpayer, and this policy is no different. In terms of resources and processing, only those who do remain on core protection will have their protection needs regularly reviewed. Reviews will be targeted based on objective country information and any other new information that comes to light, allowing us to make the most efficient use of resources. We will continue to monitor staffing levels and will deploy our workforce flexibly, subject to business needs, as we have done in the past. The approach to reviewing status will be efficient and targeted, and we will reassess where country conditions or personal circumstances change.
Tom Gordon
I understand the point the Minister is making about targeting resource efficiently, but can she elaborate on exactly what that looks like in practice? There are lots of nice words about efficiency, but until we know what that entails, it is quite hard to believe.
Anna Turley
I appreciate the hon. Gentleman raising that point. He will understand that this decision making is part of the core business for the Home Office. I can come back to him during the Committee with more specific detail on what that process will look like, but it is important to reassure him that we will continue to monitor our staffing levels and deploy our workforce flexibly, subject to business needs.
Siân Berry
It is important to know whether the 30-month process will be more like a simple renewal—like me renewing my TV licence or something like that—or whether it will be a reinterrogation of the person seeking protection all over again? Will the onus be on the Government to say, for example, that a country has suddenly become safe, that there has been a new Government, that major changes have occurred and, therefore, that we will look more closely at a number of cases, but that in countries where the situation has remained the same, we will not be looking in depth? How simple the process will be is really bothering people. Having all their circumstances reinterrogated and having to prove themselves over and over again is something people have learned to expect from the Home Office. It is up to the Minister to reassure us on this point.
Anna Turley
I appreciate the hon. Lady raising that point. I was intending to come to it; she will be pleased to know that I still have quite a lot to get through in my speech. To reassure her, individuals will need to meet the relevant suitability requirements for ongoing permission to stay. If someone is convicted of a criminal offence that meets the relevant thresholds, they will be excluded from protection and will not be eligible for core protection. If there has been a significant and durable change in their country’s situation or a change in their personal circumstances, their ongoing need for protection will be reviewed. For anyone who has returned to the country of persecution or serious harm, or obtained a national passport, their circumstances will be reviewed. I hope that that gives the hon. Lady a degree of clarity, but I am happy to go back and clarify that in more detail during the Committee—I can see that it would mean a lot to both her and the hon. Member for Harrogate and Knaresborough.
Amendments 53 and 54, tabled by the hon. Member for Harrogate and Knaresborough, would revert to the previous position of granting five years’ leave to remain to refugees and placing them on a five-year route to settlement, and would allow automatic entitlement to family reunion. In recent years, the number of people seeking protection has significantly increased, placing unprecedented pressure on housing, public services and communities across the UK. From 2004 to 2020, between 22,000 and 46,000 people were claiming asylum in the UK each year. However, there has been a huge increase since the second half of 2021, reaching a peak of 110,000 in the year ending September 2025. Although the numbers of people claiming asylum fell to 85,891 in the year ending June 2026, it still remains high compared with levels seen in the decade to 2021.
I know that many of our constituents have huge concerns about fairness, how the system operates and whether it supports those who truly need protection. That is why the Government published a new asylum policy statement in November last year that set out significant reforms to the UK’s asylum system. Core protection is one of the key elements of the asylum reforms. Under this new policy, protection will be granted for the duration of need and will be renewable where a person remains at risk on return. Greater entitlements, including a shorter period to settlement and a route to sponsor family members, will be accessed by demonstrating contribution to and integration into UK society. Settlement will no longer be automatic. Instead, there will be a 20-year route to permanent residency, crucially with the ability to reduce that period by switching into the protection work and study route to ensure long-term commitment, contribution and integration.
As a first step towards that, the Government changed immigration laws on 5 March 2026. Any adult or accompanied child who claims asylum from 2 March 2026 onwards and qualifies for a grant of refugee status or humanitarian protection will be granted leave for 30 months. At a 30-month review, refugees with a continuing need of sanctuary will have their protection renewed, while those who no longer have a protection need will be expected to return home. The safe return review will consider whether there has been a fundamental and durable change in their country of origin.
We recognise that, when a country situation changes, not everyone will be safe. Of course, as occurs now, individual circumstances will be taken into account, and each case will be assessed on its own merits. The overthrow of one political party in favour of another might only be transitory. The changes must be such that the reasons for becoming a refugee have ceased to exist and there are no other reasons for an individual to fear returning to their country.
Siân Berry
For clarity, will the onus be on the Government to prove the change, or will it be like reapplying from scratch each time? Again, my casework shows that we are more used to the Home Office asking for chapter and verse from the applicant each time. If the Minister is prepared to promise that it will be for the Government to prove changes, that would mean a lot to many people listening.
Anna Turley
The hon. Lady pre-empts my next paragraph. To clarify for her, once the individual acquires protection status, the burden of proof is on the Home Office to demonstrate that protection is no longer required. It will be us who will demonstrate that; it will not be for the claimant to make another asylum claim, unless there are new grounds that have not been raised before. Any decision to revoke protection status will continue to have a right of appeal. As always, we will continue to uphold the fundamental principle that we will not return anyone to a country where they are at risk.
Refugees with a continuing protection need will have to wait 20 years for settlement unless they switch to protection work and study as part of the core protection model. A new, bespoke work and study route will allow access to family reunion and settlement rights, with new fees and conditions in accordance with the rules of that route. That will enable refugees to earn down the length of time before they can settle in the UK, and demonstrate that they are contributing to the UK and can support their family before they may bring their partner and children over. Further details will be set out in future immigration rule changes. This route will not include a safe return review.
Tom Gordon
I welcome the fact that the Minister says details will be set out in future immigration regulation, but there is no clarity in the Bill for people now. I asked her a number of questions about eligibility, whether the family would move on to that route together and what that actually looks like. Can she say anything about that at this stage?
Anna Turley
The hon. Gentleman will recognise that the provision we are debating gives power to the Secretary of State to make changes to immigration rules. We will make changes to the immigration rules through the usual process, so he will have the opportunity to debate them when they come before the House for affirmative resolution, but this debate is about the power. I am sure that debate will continue in the weeks and months ahead, and I look forward to engaging with the hon. Gentleman on it.
For the people who claim asylum and are granted protection in the UK, our new regime providing support for refugees will be entirely in accordance with our international obligations, but it does not exceed them. These are significant reforms. They are designed to ensure that our asylum system is fit for the modern world and, crucially, that public consent for having an asylum system at all remains. Genuine refugees will receive the protection they need. We therefore oppose the amendments.
Amendments 51 and 52, tabled by the hon. Member for Harrogate and Knaresborough, set out to limit the power to make regulations about protection status and claims. Due to the drafting of clause 21(3), the amendments would not prevent the Home Secretary from making such regulations about protection status and claims because the power in clause 21(1) is a broad one. However, without this explicit provision, such regulations would be more vulnerable to challenge on grounds that they were ultra vires. Government new clauses 35 and 36 will replace clause 21. They aim to set out on the face of the Bill the provision that would otherwise have been made under the power in clause 21. They also give the Secretary of State the power to make further consequential and related amendments, including to primary legislation. The amendments are therefore unnecessary.
The Government new clauses ensure that the key consequential amendments to primary legislation are made on the face of the Bill. However, as I am sure hon. Members will agree, many references to asylum and humanitarian protection legislation require simplification following the introduction of the single concept of protection. The narrow power here is considered the most efficient way to bring the rest of the statute book in line with that change. Regulations amending primary legislation must be made by affirmative procedure, which allows an appropriate level of parliamentary scrutiny because any legal challenges can be debated and authorised by Parliament.
Amendments 74 and 75, tabled by the hon. Member for Brighton Pavilion, also seek to limit the power by preventing regulations from restricting the rights and entitlements available to those with protection status and by requiring the Home Secretary to take into account the best interests of children when making regulations. The Government have tabled their own amendments to replace clause 21 and define the single concept of protection on the face of the Bill. The purpose of the single concept of protection is to create a single definition of protection claim and a single form of protection status. It will replace and amalgamate the two separate forms of protection: refugee status and humanitarian protection.
Anyone at risk of persecution or serious harm due to third-party actors on return to their home country will be granted protection status and all the associated entitlements. We recognise that all those who face persecution for a specific reason in the 1951 convention, as well as those who are at risk of torture or indiscriminate violence due to war, should receive protection and the same entitlements. To the extent that we retain a power to make amendments, many references to asylum and humanitarian protection legislation require simplification following the change. The power is the simplest and most efficient way to bring the rest of the statute book in line with that change. Regulations amending primary legislation must be made by affirmative procedure, which allows the appropriate level of parliamentary scrutiny.
As I have mentioned, the Government have already committed in the delegated powers memorandum that the power will not be used to reduce the entitlements currently held by refugees, and the Home Secretary is already under a duty to have regard to the need to safeguard the welfare of children in the UK under section 55 of the Borders, Citizenship and Immigration Act 2009. The Government consider that there are ample safeguards on the exercise of the power, and the amendments are therefore unnecessary.
Amendments 137 and 138, taken together, set out to add additional requirements to clarify the powers in clause 21. In order to respond, it may be helpful to set out the purpose of clause 21 and the Government amendments I am introducing at this stage. The Government are introducing amendments to replace clause 21. These new clauses aim to set out on the face of the Bill the provision that would otherwise have been made under the power in clause 21. They also give a power to the Secretary of State to make further consequential and related amendments, including to primary legislation.
Siân Berry
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 21 disagreed to.
Ordered, That further consideration be now adjourned. —(Jade Botterill.)