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Nationality and Borders Bill - Sitting 7

21 October 2021

Proposing MP
Cumbernauld, Kilsyth and Kirkintilloch East
Type
Public Bill Committee

At a Glance

Issue Summary

Stuart McDonald is addressing amendments related to the treatment of refugees under the Nationality and Borders Bill, particularly concerning the classification of Group 1 and Group 2 refugees and their family members. Stuart McDonald discusses concerns about the Nationality and Borders Bill's provisions regarding asylum claims and indefinite leave to remain. Stuart McDonald discusses the Nationality and Borders Bill's provisions on family reunion rights for refugees, arguing against reducing these rights. The statement discusses the lack of safe and legal routes for refugees to seek asylum in the UK under the Nationality and Borders Bill. Anne McLaughlin addresses concerns about the use of people smugglers for refugees and argues against the notion that only those with money can access legal refugee routes. Stuart McDonald is addressing the Nationality and Borders Bill by emphasizing the need to distinguish between migrants and refugees, particularly those who have gone through the refugee process (Group 2 refugees). The statement discusses amendments to clause 10 of the Nationality and Borders Bill, which allows for differential treatment of group 2 refugees who do not meet certain criteria. Stuart McDonald is questioning the government's intentions behind the Nationality and Borders Bill, particularly regarding the use of broad powers within the amendments. Stuart McDonald is proposing an amendment to the Nationality and Borders Bill to ensure Afghan refugees facing persecution by the Taliban are not treated as Group 2 refugees. Stuart McDonald is moving an amendment to clause 10 of the Nationality and Borders Bill to prevent differential treatment for individuals who have already submitted a claim for protection before new immigration rules come into effect. Stuart McDonald is addressing the Nationality and Borders Bill, specifically focusing on amendments related to oversight and implications for local authorities and devolved administrations. Stuart McDonald opposes a clause in the Nationality and Borders Bill that he believes undermines UK's compliance with the refugee convention. The statement is about the Nationality and Borders Bill being discussed in a Public Bill Committee sitting.

Action Requested

McDonald proposes removing provisions that allow for differential treatment of refugees based on whether they are classified as Group 1 or Group 2. He also requests clarity from the government regarding its intentions with these powers, specifically questioning if shorter leave periods will be imposed and what impact this would have on asylum seekers.

Key Facts

  • The amendments aim to remove provisions allowing differential treatment of refugees based on classification.
  • As of June 2021, over 70,000 asylum applicants were waiting for a decision, with more than three quarters outstanding for longer than six months.
  • McDonald questions if the Government intends to grant group 2 refugees and their families shorter periods of leave (e.g., no longer than 30 months).
  • The amendments seek to test the Home Office's assertion that it considers the individual behind each case.
  • Stuart McDonald criticises the Home Office's proposed measures as detrimental to asylum seekers' ability to integrate.
  • VOICES Network warns that reduced periods of leave will perpetuate insecurity and uncertainty, damaging mental health.
  • Similar policies in Australia led to significant distress among Temporary Protection Visa holders.
  • Amendments 89 and 94 would remove the Secretary of State's power to deny indefinite leave to remain for certain groups after 10 years.
  • The Nationality and Borders Bill aims to reduce family reunion rights for refugees.
  • Around 6,000 family reunion visas are issued every year in the UK over the past five years.
  • About 90% of these visas are issued to women and children.
  • Amendment 91 addresses issues faced by Afghan refugees.
  • Mr L worked for a British charity in Afghanistan and his family faces threats from Taliban.
  • The UK Government has relocated 242 Afghan refugees temporarily in Scarborough before relocation around the country.
  • People from Afghanistan are among the four largest national groups risking their lives on Channel crossings.
  • McLaughlin emphasizes that people seek asylum despite financial constraints due to threats like persecution and rape by the Taliban.
  • The gender balance is often skewed towards men who flee for reasons such as avoiding conscription or torture.
  • Extending family reunion visa eligibility could provide a safer legal route for those who have supported UK interests in Afghanistan.
  • The speaker distinguishes between migrants and Group 2 refugees.
  • The Nationality and Borders Bill is being discussed in relation to distinguishing these groups.
  • Clause 10 provides a non-exhaustive list of examples where differential treatment may be applied to group 2 refugees.
  • The policy aims to deter dangerous journeys to the UK at the hands of smugglers.
  • Returns to Afghanistan have been ceased due to current circumstances there.
  • Stuart McDonald is probing into how the very broad powers in the Nationality and Borders Bill will be used.
  • The MP asks for detailed information on asylum support restrictions and family reunion protections.
  • The Minister has not committed to specific changes but emphasizes that measures are aimed at ending dangerous crossings and promoting legal routes.
  • Stuart McDonald is proposing an exemption for Afghan nationals who face persecution from the Taliban.
  • The amendment would prevent discrimination against these individuals in terms of leave to enter and remain, public funds access, and family reunion rights.
  • Tom Pursglove opposes the idea of a blanket exemption due to potential misuse by others posing as Afghans.
  • Amendment 96 aims to prevent differential treatment for individuals with pre-existing protection claims.
  • The amendment would ensure that new immigration rules do not affect those who made their claims before the rules were implemented.
  • Amendment 97 would ensure regulations under subsection (8) are subject to the draft affirmative procedure.
  • Since 2008, 87 changes to immigration rules have been made without full parliamentary debate procedures.
  • There are 70,000 people in the asylum system who may be affected by the provisions of the Bill.
  • Amendment 87 seeks to test the Government's engagement with devolved Governments and local authorities.
  • The consultation period for the immigration plan coincided with election purdah periods, limiting engagement opportunities.
  • Clause 10 of the Bill is inconsistent with the refugee convention, international human rights law, and other conventions.
  • The debate on the Nationality and Borders Bill was ordered to be adjourned.
  • The debate will resume at Two o'clock the same day.
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