Key Facts

• The clause amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
• Only 37% of England and Wales have access to immigration and asylum legal aid providers.
• Many organisations lack capacity for legal representation, leading to difficulties in finding lawyers for clients who are victims of trafficking.
• Clause 56 aims to disapply parts of the trafficking directive that conflict with provisions in the Nationality and Borders Bill.
• ECAT (Council of Europe convention on action against trafficking in human beings) remains unaffected by the UK's departure from EU law.
• Rights Lab, a major group of modern slavery researchers, argues that the clause reduces victims' rights and entitlements.
• Since 2015, the UK has received over 3,000 unaccompanied asylum-seeking children per year on average.
• Of disputed ages from 2016-2020, 54% were found to be adults according to government data.
• For the most recent unaffected year (2019), only about 7.2% of child applicants had their age disputes resolved as adults.
• The British Dental Association (BDA) calls dental X-rays for age assessments 'inaccurate and unethical'.
• The BMA expresses serious concerns about the use of wrist X-rays as they involve direct harms without medical benefit.
• New clause 29 would give powers to the Secretary of State to demand tests even where social workers consider them inappropriate.
• The Royal College of Paediatrics and Child Health states an age assessment can be no more accurate than two years either side.
• The British Society for Paediatric Endocrinology and Diabetes objects to assessing a child’s age purely physically or by analysing bones.
• New clauses leave the Secretary of State with powers that are far too broad, undermining other safeguards.
• The Refugee and Migrant Children's Consortium provided an excellent briefing on the new clauses.
• Age assessments risk violating children’s rights and increasing criminalisation of minors in the asylum system.
• New clause 29 puts the burden of proof on a child to prove their age, which is problematic due to lack of documentation or birth registration issues.
• Case K highlights challenges faced by young people wrongly considered adults, leading to loss of essential support services and protection.
• New clauses 30 and 31 give the Home Office powers to compel local authorities to conduct age assessments under a higher standard of proof.
• Clause 32 allows for scientific methods in age assessment but raises ethical concerns about accuracy and harm to individuals.
• Subsection (7) of clause 32 considers refusal to consent as damaging credibility, potentially forcing children into harmful assessments.
• Current age assessment system needs reform due to prevalence of adults posing as children.
• Scientific methods for age assessment are already used in Europe (Denmark, Norway, Sweden).
• The Home Office will comply with Justification of Practices Involving Ionising Radiation Regulations 2004.
• New clauses aim to define 'age-disputed person' and establish a national age assessment board (NAAB).
• Scientific methods like radiographs, X-rays for bone fusion, and dental assessments are used in European countries.
• The NAAB will conduct age assessments on referrals from local authorities or other public bodies and its decisions will be binding.
• Amendment 151 is proposed to Clause 59, page 52, line 33.
• The amendment requires the Secretary of State to publish impact assessments related to visa applications from certain nationalities and their effect on the UK economy and trade.
• Amendment would require publishing impact assessments.
• New clauses 9 and 10 aim to punish nationals of uncooperative countries on returns.
• Since 2019, 8,480 people from Iran, Iraq, Sudan, and Eritrea have been granted refugee family reunion visas.
• The government's programme has failed to recognise the impact on organisations across the sector.
• Workers, including key workers, tourists, performers, students, academics, and family members of British citizens could be affected by visa penalties.
• UNHCR expresses concerns about delaying refugee family reunion which may violate human rights under article 8 of the ECHR.
• The Bill allows for offshoring or jailing asylum seekers instead of returning them to their countries of origin.
• New clause 10 includes reviews but is not sufficient, and new clause 9 gives too much power to the Secretary of State.
• The US and EU have similar powers to impose penalties on non-cooperative countries.
• The Council of the EU suspended certain provisions in the visa code for nationals of The Gambia due to lack of cooperation.
• New clauses 9 and 10 set out visa provisions, with amendment 80 providing that they will come into force two months after Royal Assent.
• New clause 11 significantly expands SIAC's jurisdiction.
• The new clause applies to decisions concerning entry, residence, or removal from the UK.
• It allows information on which a decision is based to be withheld if it is in the public interest.
• The clauses propose giving the tribunal procedure committee power to fine individuals or employees for improper, unreasonable or negligent behaviour.
• Immigration tribunals already have case management, costs and referral powers that they need to control their own procedures.
• Immigratiion law practitioners play a key role in enabling access to justice by helping clients navigate the system.
• Tribunals already have extensive case management powers under the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.
• Clause 62 seeks to give immigration tribunals additional powers to charge participants for improper, unreasonable, or negligent behavior that wastes tribunal resources.
• No evidence is provided to demonstrate that existing case management powers are inadequate.
• Clause 63 provides a duty on the tribunal procedure committee to introduce rules that will lead judges to more regularly consider making costs orders.
• Clause 64 has been removed from the Bill after further reflection and stakeholder consideration.
• Government amendment 81 is proposed to remove reference to Clause 64.
• Clause 69 deals with the extent of certain provisions in the Nationality and Borders Bill.
• The Minister acknowledges ongoing engagement with Scottish Parliament and Northern Ireland Assembly on the bill's implementation.
• Amendment 186 seeks to restrict the application of Part 4 (modern slavery) in Scotland and Northern Ireland until devolved consent is given.
• Amendments 108 and 109 are proposed for clause 70 of the Nationality and Borders Bill.
• Amendment 109 would require consultations on the compatibility of Clauses 27 to 35 with the Refugee Convention before their implementation.
• The amendments aim to ensure parliamentary approval is obtained after a report on consultations is laid.
• Amendments 76, 77, 123, 191, 78, and 167 are discussed.
• Amendment 76 inserts text after “Part” in clause 70 to ensure regulation-making power comes into effect at Royal Assent rather than two months later.
• Amendments adjust the commencement provisions for clauses related to modern slavery, priority removal notices, age assessments, visa applications, and electronic travel authorisations.
• New clause 19 permits deprivation of citizenship without notice under certain circumstances.
• Amendment ensures lawful decisions and deprivation orders remain valid even if notice was not given.
• Amendment 121 agreed to for bringing provisions into force two months after Royal Assent.
• New clause 38 limits detention to 28 days.
• New clause 39 sets out criteria for initial detention and restricts the maximum period to 96 hours unless specific conditions are met.
• The amendments aim to ensure that detention is proportionate, strictly necessary, and in the interests of national security.
• The new clauses aim to end indefinite detention in the UK.
• Immigration detention has declined over recent years but the length of time people spend in detention remains high.
• Over several thousand individuals leave detention annually after being detained for longer than 28 days, with hundreds detained for more than six months.
• Home Office guidance already recommends a four-week period for imminent removals.
• The Home Office asserts there is no indefinite detention.
• New clauses 38 to 40 aim to streamline the asylum process while enabling efficient removal of individuals with no right to remain in the UK.
• The UK is an outlier compared to other European countries, which have time limits on immigration detention.