Immigration and Asylum Bill 2026-27

None 137

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.

None 138

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.

None 139

Clause 23, page 22, line 10, leave out paragraph (b)

This amendment would remove the exemption from making payments for asylum support received for people who received support before clause 23 comes fully into force.

None 140

Clause 23, page 22, line 13, at end insert—
“(7) This section may not be brought fully into force until the Secretary of State has published and laid before Parliament—
(a) a draft of the regulations which the Secretary of State proposes to make under subsection (4), and
(b) an estimate, for each of the first five years after this section comes fully into force, of—
(i) the number of persons expected to be required to make payments under subsection (3),
(ii) the sums expected to be recovered, and
(iii) the cost of administering the requirement to make payments and of collecting those payments.”

This amendment would require the Government to publish its draft regulations for the asylum support repayment scheme, together with an estimate of how many people will pay, how much will be recovered and what the scheme will cost to run, before the scheme is brought into force.

None 141

Clause 24, page 23, line 3, at end insert—
“(7A) In deciding an application for entry clearance, leave to enter or leave to remain in the United Kingdom (including indefinite leave to remain), the Secretary of State may take into account any amount that a person has been required to pay under section 23 and has not paid.
(7B) Nothing in subsection (7A) applies to an amount which, by virtue of regulations made under section 23(4) in accordance with section 23(5), the person was not required to pay.”

This amendment would mean that any sums that a person has been required to repay towards asylum support and has not paid may be taken into account when deciding applications to enter or remain in the United Kingdom, including for settlement.

None NC60

To move the following Clause—
“Application of the Human Rights Act 1998 to Part 5A of the Nationality, Immigration and Asylum Act 2002
In Part 5A of the Nationality, Immigration and Asylum Act 2002 (Article 8 of the ECHR), after section 117A insert—
“117AA Relationship with the Human Rights Act 1998
(1) Section 3 of the Human Rights Act 1998 (interpretation of legislation) does not apply in relation to this Part.
(2) A decision of the Secretary of State, or of a court or tribunal, that is made in accordance with this Part is not to be regarded as unlawful under section 6 of the Human Rights Act 1998 (Acts of public authorities) by reason only of incompatibility with Article 8.””

This new clause would make Part 5A an exclusive code for Article 8 in immigration cases by disapplying the interpretative obligation in section 3 of the Human Rights Act 1998 and providing that decisions taken in accordance with Part 5A are not unlawful under section 6 of that Act.

None NC61

To move the following Clause—
“Removal of persons within Article 33(2) of the Refugee Convention: disapplication of section 6 of the Human Rights Act 1998
(1) Section 6(1) of the Human Rights Act 1998 (acts of public authorities) does not apply to a decision of the Secretary of State to remove from, or require to leave, the United Kingdom a person who is not to be taken to be lawfully staying in the United Kingdom by virtue of section 37A of the Nationality and Borders Act 2022 (as inserted by this Act).
(2) In proceedings relating to such a decision, a court or tribunal may not treat the decision as unlawful by reason of its incompatibility with a Convention right.
(3) In this section “Convention right” has the same meaning as in the Human Rights Act 1998.”

This new clause would mean that the Human Rights Act 1998 would not prevent the removal from the United Kingdom, where the Refugee Convention permits their return, of a refugee who is a danger to national security, or who has been convicted of a particularly serious crime and is a danger to the community.

None NC62

To move the following Clause—
“Asylum support payments: annual report
(1) The Secretary of State must, for each financial year beginning after section 23 comes fully into force, prepare and lay before Parliament a report on the exercise of the power in section 23(3).
(2) A report under subsection (1) must set out, for the financial year to which it relates—
(a) the number of persons required to make payments under section 23(3);
(b) the total sums required to be paid;
(c) the total sums recovered, including sums collected by HMRC under regulations made by virtue of section 24(4);
(d) the total sums written off or treated as irrecoverable;
(e) the number of persons exempt by virtue of section 23(6), by description of exemption; and
(f) the cost of administering the requirement to make payments and of collecting those payments.
(3) A report under this section must be laid before Parliament within six months of the end of the financial year to which it relates.”

This new clause would require the Government to report to Parliament each year on how many people have been charged for asylum support, how much has been charged, recovered and written off, how many people are exempt, and what the scheme costs to run.

None NC63

To move the following Clause—
“Prohibition of remote English Language testing
In section 3 of the Immigration Act 1971 (General provisions for regulation and control), after subsection (2) insert—
“(2A) No rules laid down under subsection (2) may permit any fully remote English Language test to satisfy any requirement to demonstrate knowledge of English, except where permitted by statute.””

This new clause would mean that the Immigration Rules may not permit remote English Language testing without an Act of Parliament.

Opposition Amendment NC64

To move the following Clause—
“Local impact and safeguarding assessments for high-capacity asylum accommodation sites
(1) Before designating a site for use as high-capacity asylum accommodation, or materially increasing the capacity of such a site, the Secretary of State must prepare and publish a Local Impact and Safeguarding Assessment in respect of the proposed designation or increase in capacity.
(2) A Local Impact and Safeguarding Assessment must assess the reasonably foreseeable effects of the proposed designation or increase in capacity on—
(a) public safety and community safeguarding;
(b) local policing and other emergency services;
(c) the provision of health and social care services;
(d) local authority services, including housing, education and children’s services;
(e) community cohesion and the wellbeing of persons living or working in the surrounding area; and
(f) the capacity of local public services to respond to additional demand arising from the proposed accommodation.
(3) In preparing an assessment under subsection (1) the Secretary of State must consult—
(a) the relevant local authority or authorities;
(b) the chief officer of police for the area in which the site is situated;
(c) the relevant integrated care board;
(d) the relevant fire and rescue authority; and
(e) such other public authorities or bodies as the Secretary of State considers appropriate.
(4) The assessment must—
(a) identify reasonably foreseeable risks and pressures arising from the proposed accommodation;
(b) consider the likely scale and duration of those risks and pressures;
(c) identify measures proposed to prevent, mitigate or manage those risks and pressures; and
(d) identify any additional resources or coordination between public authorities considered necessary to manage the anticipated impact.
(5) For the purposes of this section—
“high-capacity asylum accommodation site” means any site used for asylum accommodation purposes with a potential capacity of 300 or over people.
“a material increase in site capacity” is defined as any plan to increase the capacity of an asylum accommodation site by 100 or over people.”

This new clause would require an impact and safeguarding assessment to be carried out on a potential high-capacity asylum site before the site can be granted approval or have its capacity increased.

Opposition Amendment NC65

To move the following Clause—
“Reporting of serious incidents in asylum accommodation
(1) Any provider of accommodation under arrangements made by the Secretary of State for the provision of asylum support must report serious incidents occurring at, or in connection with, that accommodation to the relevant police force.
(2) For the purposes of this section, a serious incident is an incident which gives reasonable grounds to suspect—
(a) that a serious criminal offence has been committed or attempted;
(b) that a person has suffered serious physical injury or sexual violence;
(c) that a child or vulnerable adult is at immediate risk of serious harm;
(d) that there has been a credible threat of serious violence; or
(e) that any other circumstance involving a serious risk to the safety of a person requires police notification.
(3) Where a provider becomes aware of a serious incident, the provider must—
(a) notify the relevant police force without undue delay and, where there is an immediate threat to life or safety, immediately;
(b) take reasonable steps to preserve relevant records and evidence;
(c) record the incident, the time at which it became known to the provider, the time and method of notification, and any action taken in response; and
(d) notify the Secretary of State.
(4) The Secretary of State must by regulations make provision within three months of passing the Act about notifications under subsection (3) including—
(a) the information to be included in a notification;
(b) the form and manner of notification; and
(c) the handling and onward sharing of reports, including with other Government departments and bodies exercising national security or research security functions.
(5) A statutory instrument containing regulations under subsection (4) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.
(6) A provider who, without reasonable excuse, fails to comply with subsection (1) commits an offence.
(7) A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;
(c) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(8) For the purposes of this section “serious criminal offence” has the meaning given in section 2 of the Serious Crime Act 2007 (Involvement in serious crime: England and Wales orders).”

This new clause will require any serious incidents that occur at asylum accommodation sites to be reported to the relevant authorities.

Opposition Amendment NC66

To move the following Clause—
“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.

Opposition Amendment NC67

To move the following Clause—
“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.

Opposition Amendment NC68

To move the following Clause—
“Higher education visa sponsor: national security reporting
(1) A relevant sponsor must report to the Secretary of State if the sponsor has reasonable grounds to suspect that—
(a) that funding for the study or research of a sponsored person, or for research in which a sponsored person is involved, is provided, directed or facilitated by or on behalf of a foreign power in circumstances that create a risk to the national security of the United Kingdom;
(b) a sponsored person is acquiring, transferring or seeking to transfer sensitive research, technology or data in a way that creates a risk to the national security of the United Kingdom;
(c) a sponsored person, or the sponsor, has been approached by or on behalf of a foreign power in connection with research or funding in circumstances that create a risk to the national security of the United Kingdom; or
(d) the source, purpose or control of funding for a sponsored person's study or research has been concealed or misrepresented, and the concealment or misrepresentation is connected with a risk set out in paragraphs (a) to (c).
(2) In this section, "relevant sponsor" means a person who holds a sponsor licence and who, under that licence, sponsors one or more persons to—
(a) study at a higher education provider, or
(b) carry out research at or through a higher education provider.
(3) A report under subsection (1) must be made—
(a) as soon as reasonably practicable after the relevant sponsor becomes aware of the concern; and
(b) no later than the end of the period of five working days beginning with the day on which the sponsor first becomes aware of the concern.
(4) A report made in good faith in compliance with this section—
(a) does not breach any obligation of confidence or other restriction on disclosure, and
(b) is to be treated as processing necessary for compliance with a legal obligation for the purposes of Article 6(1)(c) of the UK GDPR.
(5) The Secretary of State must by regulations within three months of the passing of this Act make provision about—
(a) the information to be included in a report;
(b) the form and manner of reports;
(c) the handling and onward sharing of reports, including with other Government departments and bodies exercising national security or research security functions.
(6) A statutory instrument containing regulations under subsection (5) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.
(7) The Secretary of State must issue guidance to relevant sponsors about this section within six months after the passing of this Act.
(8) A relevant sponsor must have regard to guidance issued under subsection (5).
(9) Where a relevant sponsor fails to comply with this section, the Secretary of State may—
(a) suspend, downgrade or revoke the sponsor's licence in accordance with the Immigration Rules; and
(b) impose a civil penalty up to £1 million.
(10) The Secretary of State must prepare and lay before Parliament an annual report on reports made under this section.
(11) A report under subsection (9) must include—
(a) the number of reports received under this section;
(b) the number of cases in which action was taken; and,
(c) the number of enforcement actions under subsection (8).
(12) In this section—
“Foreign power” has the meaning given by section 32 of the National Security Act 2023;
“Higher education provider” has the meaning given by the Higher Education and Research Act 2017;
“Sponsor licence” means the licence by which a person is authorised to sponsor persons under the Immigration Rules.”

This new clause would require licensed higher education sponsors to report to the Secretary of State where they have reasonable grounds to suspect that funding or research connected to a sponsored person gives rise to a national security risk. It would provide legal protection for good-faith reporting and enable enforcement.

Opposition Amendment NC69

To move the following Clause—
“Sponsor licences: designated persons and sanctioned companies
(1) The Secretary of State must revoke any sponsor licence held by—
(a) a sanctioned person; or
(b) a sanctioned company.
(2) For the purposes of subsection 1(a), a person is a "sanctioned person" if the person is—
(a) a designated person;
(b) a body corporate, partnership or other undertaking that is owned or controlled, directly or indirectly, by a designated person, within the meaning given in the relevant regulations;
(c) a body corporate that is a subsidiary of, or is under common control with, a person falling within paragraph (a) or (b); or
(d) a person acting on behalf of, or at the direction of, a person falling within paragraph (a), (b) or (c).
(3) For the purposes of subsection 1(b), a company is a “sanctioned company” if the company is—
(a) a designated corporate, partnership or other undertaking, within the meaning given in the relevant regulations; or
(b) a designated body under the National Security (State Threats) Act 2026.
(4) Revocation under subsection (1) must take effect no later than 7 days after the day on which the person or company becomes a sanctioned person or company, or, if later, the day on which the Secretary of State becomes aware of that fact.
(5) The Secretary of State must not grant, renew or reinstate a sponsor licence to a sanctioned person or company.
(6) Where a sponsor licence is revoked under subsection (1), the Secretary of State must not curtail the leave of a person sponsored under that licence before the end of a period of 30 days beginning with the day of revocation, unless they are satisfied that curtailment within that period is necessary in the interests of national security.
(7) Subsections (1) to (4) do not apply to the extent that the activity concerned is authorised by a licence granted under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.
(8) Where a person or company ceases, for the purposes of subsection (1), to be sanctioned, the Secretary of State must, on application, consider afresh any application for a sponsor licence made by that person or company, and may not refuse it on the ground of the earlier sanctioned status or revocation.
(9) For the purposes of this section—
“body corporate” means a company within the meaning of the Companies Act 2006, or a body incorporated outside the United Kingdom;
“designated person” means a person designated by name under, or for the purposes of, regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018; or
“relevant regulations” means the regulations under which the person concerned is designated;
“sponsor licence” means a licence granted by the Secretary of State to a person or company permitting that person or company to act as a sponsor in relation to an application for entry clearance, leave to enter, or leave to remain under the immigration rules.”

This new clause would require the Secretary of State to revoke the visa sponsor licence of any company or other person subject to UK sanctions designation, or owned or controlled by a designated person.

None 142

Clause 50, page 52, line 13, at end insert—
“(d) regulations under subsection (6)(c) of section 23.”

This amendment would make regulations exempting further categories of people from the requirement to contribute towards the cost of asylum support subject to the affirmative procedure, so that they cannot be made without the approval of both Houses.

Opposition Amendment NC41

To move the following Clause—
“Disapplication of the Human Rights Act 1998 in relation to UK immigration and asylum legislation
(1) In respect of any provision of any UK legislation relating to immigration, asylum or deportation—
(a) the Human Rights Act 1998 is of no effect and must be disregarded in the interpretation and application of such legislation;
(b) any such provision must be read and given effect to as if there were no mention of or reference to the Human Rights Act 1998.
(2) Where the European Court of Human Rights indicates an interim measure relating to the exercise of any function under any provision of any UK legislation relating to immigration, asylum or deportation—
(a) a Minister of the Crown will decide whether the United Kingdom will comply with the interim measure;
(b) no immigration officer, court or tribunal may give any regard to the interim measure unless a Minister of the Crown decides that the United Kingdom will comply with the interim measure.”

This new clause would disapply the Human Rights Act and interim measures of the European Court of Human Rights in relation to UK legislation about immigration, asylum or deportation.

Opposition Amendment NC42

To move the following Clause—
“Duty to remove persons who have entered the United Kingdom without leave
(1) The Secretary of State must make arrangements for the removal of a person from the United Kingdom where that person meets the following three conditions.
(2) The first condition is that the person required leave to enter the United Kingdom but did not have it at the time of entry.
(3) The second condition is that the person—
(a) entered the United Kingdom—
(i) without leave to enter, or
(ii) with leave to enter that was obtained by means which included deception by any person,
(b) entered the United Kingdom in breach of a deportation order,
(c) entered the United Kingdom at a time when they were an excluded person within the meaning of section 8B of the Immigration Act 1971 (persons excluded from the United Kingdom under certain instruments),
(d) required entry clearance under immigration rules but entered the United Kingdom without a valid entry clearance, or was required under immigration rules not to travel to the United Kingdom without an electronic travel authorisation that is valid for that person’s journey to the United Kingdom but entered the United Kingdom without such an electronic travel authorisation, or
(e) is a dependent of a person who has entered the United Kingdom as specified in subsections (a) to (d) above.
(4) The third condition is that the person entered the United Kingdom as mentioned in subsection (3) on or after the 30 June 2026.
(5) In this section—
““country” includes a territory of a country;
“deportation order” means an order under section 5 of the Immigration Act 1971;
“electronic travel authorisation” means an authorisation in electronic form to travel to the United Kingdom;
“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971;
“immigration rules” include rules under section 3(2) of the Immigration Act 1971.”
(6) Section 11(1) of the Immigration Act 1971 (construction of references to entry, and other phrases relating to travel) applies for the purposes of this section as it applies for the purposes of that Act.
(7) The duty on the Secretary of State to make arrangements for the removal of a person from the United Kingdom under subsection (1) applies irrespective of whether a person makes a protection claim, human rights claim, or claims to be a victim of modern slavery or human trafficking.
(8) Where a person meets the conditions relevant to this section, the Secretary of State may not take into consideration any protection claim, human rights claim, or claim to be a victim of modern slavery or human trafficking made by that person.”

This new clause would require the Secretary of State to make arrangements for the deportation of people who have arrived in the UK without leave to enter.

Opposition Amendment NC43

To move the following Clause—
“Disregard of certain claims, applications etc
(1) The duty in section (Duty to remove those persons who have entered the United Kingdom without leave) applies in relation to a person who meets the three conditions of that section regardless of whether the person—
(a) makes a protection claim,
(b) makes a human rights claim,
(c) claims to be a victim of slavery or a victim of human trafficking as defined by regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022, or
(d) makes an application for judicial review in relation to their removal from the United Kingdom under this Act.
(2) If a person who meets the three conditions of section (Duty to remove persons who have entered the United Kingdom without leave) makes a protection claim or a human rights claim within subsection (4), the Secretary of State must declare the claim inadmissible.
(3) A declaration under subsection (2) that a protection claim or a human rights claim is inadmissible is not a decision to refuse the claim and no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (right of appeal to the Tribunal) therefore arises.
(4) A human rights claim is within this subsection if it is a claim that removal of a person from the United Kingdom to—
(a) a country of which the person is a national, or
(b) a country or territory in which the person has obtained a passport or other document of identity,
would be unlawful under section 6 of the Human Rights Act 1998 (acts of public authorities).
(5) In this section—
“application for judicial review” means—
(a) in England and Wales and Northern Ireland, an application to the High Court for judicial review,
(b) in Scotland, an application to the supervisory jurisdiction of the Court of Session, and
(c) any other application to a court or tribunal which is required by an enactment to be determined by applying the principles that would be applied by a court on an application within paragraph (a) or (b).
(6) References to a claim include a claim—
(a) that was made on or after the day on which this Act is passed, and
(b) that has not been decided by the Secretary of State on the date on which this section comes into force.”

This new clause would require the Secretary of State to remove people who have entered the UK without leave under NC42 even where a person makes a protection or human rights claim, claims to be a victim of slavery or a victim of human trafficking, or seeks judicial review.

Opposition Amendment NC44

To move the following Clause—
“Establishment of UK Removals Force
(1) The Secretary of State must, within six months of the passing of this Act, establish a body (“the UK Removals Force”) for the purposes of removing specified persons from the United Kingdom.
(2) The duties of the UK Removals Force must include—
(a) the removal of all foreign national offenders from the United Kingdom;
(b) the removal of all persons—
(i) who have entered or arrived in the United Kingdom—
(A) without leave to enter, or with leave to enter that was obtained by means which included deception by any person,
(B) in breach of a deportation order, or
(C) at a time when they were an excluded person within the meaning of section 8B of the Immigration Act 1971 (persons excluded from the United Kingdom under certain instruments);
(ii) who, requiring entry clearance under immigration rules, arrived in the United Kingdom without a valid entry clearance;
(iii) who, being required under immigration rules not to travel to the United Kingdom without an electronic travel authorisation that is valid for that person’s journey to the United Kingdom, arrived in the United Kingdom without such an electronic travel authorisation;
(iv) whose humanitarian or asylum visa has expired and has not been renewed;
(v) who has been identified as over-staying their visa, remaining in the United Kingdom following a failed application for asylum, or otherwise remaining in the United Kingdom without leave or a valid immigration status; and
(c) the removal of all foreign nationals found to be working illegally in the United Kingdom; and
(d) any further persons as the Secretary of State may by regulations appoint.
(3) Persons removed from the United Kingdom by the UK Removals Force must be relocated to their home country or a safe third country.
(4) Officers of the UK Removals Force must work with officers of other law enforcement agencies for the purposes of fulfilling their duties and identifying persons to be removed from the United Kingdom, with such co-operation including—
(a) the use of facial recognition systems, without prior notice where appropriate, and
(b) the sharing of biometric information between agencies.”

This amendment would create a Removals Force responsible for removing from the UK foreign national offenders, foreign nationals found to be working illegally, and persons who have entered or remained in the UK without leave.

Opposition Amendment NC45

To move the following Clause—
“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.

Opposition Amendment NC46

To move the following Clause—
“Applications and claims made to the Home Office
(1) This section applies to applications or claims made to the Home Office for the purposes of determining whether a person may be granted leave to enter or remain in the United Kingdom.
(2) Where a person intends to make an application or claim to which this section applies, all applications or claims relating to that person’s case must be made at the same time, with subsequent claims to be considered inadmissible unless there has been a material change in circumstances in the person’s home country.
(3) An application or claim will only be accepted upon the submission of verifiable and objective supporting evidence.
(4) An application or claim will be disregarded where it—
(a) contradicts any information provided in any earlier application or claim, or
(b) is based on the applicant’s behaviour since arriving in the United Kingdom.
(5) A person may only make one appeal against a decision made by the Home Office in relation to their case.”

This new clause would make changes to how applications and claims made to the Home Office are handled.

Opposition Amendment NC47

To move the following Clause—
“Legal aid in relation to immigration cases
(1) A person is not eligible for legal aid in relation to any application or claim relating to that person’s immigration status or ability to enter or remain in the United Kingdom.”

This new clause would abolish legal aid for immigration cases.

Opposition Amendment NC48

To move the following Clause—
“Annual cap on the number of non-visitor entrants to the UK
(1) Within six months of the passing of this Act, the Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually across all non-visitor visa routes.
(2) Regulations under this section may also specify a maximum number of entrants for individual visa routes, subject to the specified overall maximum.
(3) Any visas issued in excess of the maximum number specified in subsection (1) must be revoked and are to be of no effect.
(4) Regulations introduced under this section must be approved by both Houses of Parliament.”

This new clause would require the Secretary of State to specify an annual cap on the number of non-visitors who may enter the UK.

Opposition Amendment NC49

To move the following Clause—
“Extension of qualification period for indefinite leave to remain in the United Kingdom
(1) The Secretary of State must, within 6 months of the passing of this Act, set the minimum qualification period for applications for indefinite leave to remain in the United Kingdom for relevant persons at ten years.
(2) For the purposes of this section, a “relevant person” is a person who has—
(a) a tier 2, T2, International Sportsperson or Skilled Worker visa,
(b) a Scale-up Worker visa,
(c) a Global Talent, Tier 1 Entrepreneur or Investor visa
(d) an Innovator Founder visa,
(e) a UK Ancestry visa,
(f) a partner of a person who holds UK citizenship,
(g) a parent of a person who holds holding UK citizenship, or
(h) a dependent of a person who hold UK citizenship.
(3) No person, other than a relevant person who has lived legally in the United Kingdom for ten years or more may be granted indefinite leave to remain in the United Kingdom.
(4) A grant of indefinite leave to remain is conditional on—
(a) the applicant, or their dependents, having not relied on any form of social protection (including housing) from the UK Government or a local authority, where social protection is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules;
(b) the applicant’s annual income not falling below £38,700 for six months or more in aggregate during the relevant qualification period.
(c) neither the applicant nor any of their dependents having any form of criminal record.
(5) The Secretary of State may, by regulations, amend the definition of a relevant person in subsection (2).
(6) Until the Secretary of State has complied with the duty specified in subsection (1), the Secretary of State may not grant any relevant person indefinite leave to remain in the United Kingdom.”

This new clause would extend the qualification period for indefinite leave to remain to 10 years, prevent grants of indefinite leave to remain until the qualification period has been so extended, and require an applicant to hold one of the specified visas or be the partner of a UK citizen.

Opposition Amendment NC50

To move the following Clause—
“Revocation of leave to remain in certain circumstances
(1) A grant of indefinite leave to remain in the United Kingdom to a person (“P”) may be revoked if any of the following conditions apply.
(2) Condition 1 is that P is defined is a “foreign criminal” for the purposes of section 32 of the UK Borders Act 2007.
(3) Condition 2 is that P was granted indefinite leave to remain after the coming into force of this Act but—
(a) is not a relevant person for the purposes of section (Extension of qualification period for indefinite leave to remain in the United Kingdom), and
(b) has not been legally resident in the United Kingdom for a minimum period of ten years.
(4) A person who has entered the United Kingdom—
(a) under the Ukraine visa schemes,
(b) under the Afghan Citizens Resettlement Scheme,
(c) under the Afghan Relocations and Assistance Policy, or
(d) on a British National Overseas visa,
is exempt from the requirements of Condition 2.
(5) The Secretary of State may by immigration rules vary the conditions set out in this section.”

This new clause would allow for a grant of indefinite leave to remain to be revoked in prescribed circumstances.

Opposition Amendment NC51

To move the following Clause—
“Restrictions on visas for spouses and civil partners
(1) The Secretary of State must, within 6 months of the passing of this Act, make regulations specifying the maximum number of persons who may enter the United Kingdom annually as a spouse or civil partner of another person (the “sponsor”).
(2) Before making regulations under subsection (1), the Secretary of State must consult—
(a) such representatives of local authorities in England and Wales and Scotland as the Secretary of State considers appropriate,
(b) the Executive Office in Northern Ireland, and
(c) any such other persons or bodies as the Secretary of State considers appropriate.
(3) The duty to consult under subsection (2) does not apply where the Secretary of State considers that the maximum number specified in regulations made under subsection (1) needs to be changed as a matter of urgency.
(4) The Secretary of State must commence the consultation required by subsection (2) in relation to the first regulations to be made under this section within three months of the passing of this Act.
(5) Regulations made under this section must specify that the number of persons from any one country who enter the United Kingdom as a spouse or civil partner of a sponsor in any year may not exceed 5% of the maximum of persons who may enter the United Kingdom annually.
(6) If, in any year, the number of persons who enter the United Kingdom as a spouse or civil partner of a sponsor exceeds the maximum number specified in regulations made under this section, the Secretary of State must, within six months of the end of the relevant year, lay a statement before Parliament—
(a) setting out the number of persons who have, in that year, entered the United Kingdom as a spouse or civil partner of a sponsor, and
(b) explaining why the number exceeds the maximum number specified in the regulations.
(7) For the purposes of this section,
“local authority” means—
(a) in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and
(b) in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.”

This new clause would require the Secretary of State to specify a cap on the number of spouses or civil partners who may enter the UK, and on the number that may enter from any one country.

Opposition Amendment NC52

To move the following Clause—
“Requirement for leave to enter or remain as a spouse or civil partner
(1) The Secretary of State must, within 6 months of the passing of this Act, make such amendments to the Immigration Rules as may be necessary for the purposes of implementing the requirements specified in this section.
(2) Where a person (“the applicant”) seeks indefinite leave to enter the United Kingdom or indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person with leave to enter or remain in the UK (“the partner”)—
(a) the applicant must provide evidence that they were married to or in a civil partnership with the partner for a period of at least two years prior to the making of the application for indefinite leave to enter the United Kingdom or indefinite leave to remain in the United Kingdom;
(b) the applicant and the partner must prove that they remain, and intend to remain, in the marriage or civil partnership and that they intend to live together as spouses or civil partners;
(c) the partner must have a salary of at least £38,700 per year;
(d) the applicant and the partner must be at least 23 years old; and
(e) any application is to be refused if the applicant and the partner are first cousins.
(3) For the purposes of this section, “the Immigration Rules” mean rules laid before Parliament under section 3(2) of the Immigration Act 1971.”

This new clause would place requirements, including a salary threshold, on individuals seeking to enter or remain in the UK as a spouse or civil partner.

Opposition Amendment NC53

To move the following Clause—
“Dependents of social care workers
(1) A person who is a dependent of a relevant social care worker is not eligible for entry clearance, entry into or permission to stay in the United Kingdom on the basis of being a dependant of a social care worker where any such application is made after April 2024.
(2) Subsection (1) applies whether the application is made under—
(a) the Immigration Rules;
(b) an enactment; or
(c) any other power under which leave or permission to enter or remain in the United Kingdom may be granted.
(3) In this section—
a person is a
“relevant social care worker” if they entered the United Kingdom before 11 March 2024 and—
(a) has permission to remain in the United Kingdom as a Skilled Worker or Health and Care Worker, or
(b) is employed in an occupation specified in regulations by the Secretary of State.
“dependent” includes—
(a) a spouse or civil partner;
(b) an unmarried partner; and
(c) a child;
“the Immigration Rules” mean rules laid before Parliament under section 3(2) of the Immigration Act 1971.
(4) The Secretary of State may by regulations specify—
(a) occupations for the purposes of the definition of a relevant social care worker in subsection (3);
(b) the circumstances in which a person is, or is not, considered to be a dependent;
(c) how applications made before the commencement of this section are to be considered; and
(d) action to be taken in respect of dependents of relevant social workers who are in the United Kingdom when this section comes into force but who would not be eligible for entry clearance, entry into or permission to stay in the United Kingdom as a dependent of the relevant social worker if an application was made after April 2024.”

This new clause would make dependents of social care workers ineligible for entry into the UK.

Opposition Amendment NC54

To move the following Clause—
“Finality of decisions
(1) This section applies where the Secretary of State has made a decision in respect of a protection claim or immigration claim.
(2) Any decisions or conclusions of the Secretary of State are final and are not liable to be questioned or set aside in any court or tribunal.
(3) In particular—
(a) the decision maker is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;
(b) the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
(4) The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision relating to a protection claim or an immigration claim that it would not entertain (whether as a matter of law or discretion) in the absence of this section.
(5) In this section—
“decision” includes any purported decision;
“first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought;
“the supervisory jurisdiction” means the supervisory jurisdiction of—
(a) the High Court in England and Wales or Northern Ireland, or
(b) the Court of Session, in Scotland,
and “the court of supervisory jurisdiction” is to be read accordingly.”

This new clause would prohibit judicial review for all immigration decisions except on vires grounds (where the Secretary of State has exceeded their statutory powers).

Opposition Amendment NC55

To move the following Clause—
“Entry into and settlement in the United Kingdom
(1) The Immigration Act 1971 is amended as follows.
(2) In section 8(1) (exceptions for seamen, aircrews and other special cases), after paragraph (c) insert
“or—
(d) the person has ever met the three conditions specified in subsections (2) to (4) of section (Duty to remove those persons who have entered the United Kingdom without leave) of the Immigration and Asylum Act 2027;”
(3) After section 8A, insert—
“8AA Persons ineligible for leave to enter and remain, entry clearance or ETA
No person who has ever met the three conditions specified in subsections (2) to (4) of section (Duty to remove those persons who have entered the United Kingdom without leave) of the Immigration and Asylum Act 2027 may—
(a) be given leave to enter or remain in the United Kingdom;
(b) be granted an entry clearance; or
(c) be granted an electronic travel authorisation.””

This new clause would prevent any person who has ever met the three conditions specified in NC42 from being able to enter the UK.

Opposition Amendment NC56

To move the following Clause—
“Limits on grants of British citizenship
(1) For the purposes of this section, an “ineligible person” is a person who has ever met the three conditions specified in subsections (2) to (4) of section (Duty to remove those persons who have entered the United Kingdom without leave).
(2) An ineligible person is not entitled to be registered as a British citizen, British subject or British overseas territories citizen under any of the following sections of the British Nationality Act 1981—
(a) section 3(2) or (5) (acquisition of British citizenship by registration: minors);
(b) section 4(2) (acquisition of British citizenship by registration: British overseas territories citizens etc);
(c) section 5 (acquisition of British citizenship by registration: British overseas territories citizens having connection with Gibraltar);
(d) section 10(1) (registration as British citizen following renunciation of citizenship of UK etc);
(e) section 13(1) (resumption of British citizenship);
(f) section 17(2) or (5) (acquisition of British overseas territories citizenship by registration: minors);
(g) section 22(1) (right to registration as British overseas territories citizen replacing right to resume citizenship of UK etc);
(h) section 13(1), as applied by section 24 of that Act (resumption of British overseas territories citizenship);
(i) section 27(1) (registration of minors as British overseas citizens);
(j) section 32 (registration of minors as British subjects).
(3) In relation to an application made by or in relation to an ineligible person, the Secretary of State may not—
(a) cause the person to be registered as a British citizen or a British overseas territories citizen under any of the following provisions of the British Nationality Act 1981—
(i) section 3(1) (acquisition of British citizenship by registration: minors);
(ii) section 4A (acquisition of British citizenship by registration: further provision for British overseas territories citizens);
(iii) section 10(2) (registration as British citizen following renunciation of citizenship of UK etc);
(iv) section 13(3) (resumption of British citizenship);
(v) section 17(1) (acquisition of British overseas territories citizenship by registration: minors);
(vi) section 22(2) (right to registration as British overseas territories citizen replacing right to resume citizenship of UK etc);
(vii) section 13(3), as applied by section 24 of that Act (resumption of British overseas territories citizenship);
(b) grant to the person a certificate of naturalisation as a—
(i) British citizen under section 6 of the British Nationality Act 1981 (acquisition of British citizenship by naturalisation);
(ii) British overseas territories citizen under section 18 of the British Nationality Act 1981 (acquisition of British overseas territories citizenship by naturalisation).”

Opposition Amendment NC57

To move the following Clause—
“Publication of data on failed claims for asylum
(1) The Secretary of State must publish, on a monthly basis, the number of persons who have made a claim for asylum and who have—
(a) failed to have such a claim granted, and
(b) been removed from the United Kingdom following such a failure to have a claim for asylum granted.
(2) The Secretary of State must include when each person mentioned in subsection (1) entered the country, and the reasons for their removal.”

This new clause would require the Secretary of State to publish data on the number of people who have failed to have a claim for asylum granted and are subsequently removed from the UK.

Opposition Amendment NC58

To move the following Clause—
“Duty to publish numbers of sponsored visas
(1) The Secretary of State must, in respect of each organisation on the register of licensed sponsors, publish on a quarterly basis—
(a) the total workforce headcount of each organisation, and
(b) the number of worker visas sponsored by each organisation.
(2) For the purposes of this section, the “register of licensed sponsors” means the Home Office’s list of organisations licensed to sponsor workers on the Worker and Temporary Worker immigration routes.”

This new clause would require the Secretary of State to publish data on worker visas sponsored by organisations on the Register of Licensed Sponsors.

Opposition Amendment NC59

To move the following Clause—
“Sponsor licences: disqualification following visa fraud
(1) The Secretary of State must revoke a UK visa sponsor licence if the Secretary of State is satisfied that the license holder has committed visa fraud.
(2) Where a sponsor licence has been revoked under subsection (1), the holder of the revoked license is indefinitely disqualified from—
(a) holding a sponsor licence, or
(b) making an application for a sponsor licence.
(3) In this section—
“visa fraud” means conduct which knowingly or recklessly—
(a) makes, or facilitates the making of, a false representation,
(b) provides, or facilitates the provision of, false, misleading or forged information or documentation, or
(c) conceals or fails to disclose a material fact,
for the purpose of obtaining, maintaining or facilitating immigration permission for a person.
(4) For the purposes of satisfying themselves that a holder of a sponsor license has committed visa fraud, the Secretary of State may rely on—
(a) a conviction for an offence involving fraud, deception or dishonesty relating to their role as a holder of a UK visa sponsor license;
(b) a finding of fraud, dishonesty or deception by a court or tribunal relating to their role as a holder of a UK visa sponsor license; or
(c) any other evidence sufficient to satisfy the Secretary of State, on the balance of probabilities, that visa fraud has been committed.
(5) The Secretary of State may, by regulations, make provision about—
(a) the procedure for determining whether a license holder has committed visa fraud;
(b) the evidence that may be taken into account for the purposes of determining whether a license holder has committed visa fraud;
(c) the consideration of representations by the license holder concerned;
(d) the revocation of a sponsor licence; and
(e) appeals against decisions made under this section.”

This new clause would prevent employers who have committed visa fraud from being able to sponsor visas.

Opposition Amendment NC37

To move the following Clause—
“Use of artificial intelligence in immigration and asylum decisions
(1) No relevant decision may be made by, or with the assistance of, an artificial intelligence system which processes the personal data of the person to whom the decision relates.
(2) A "relevant decision" is a decision of the Secretary of State, an immigration officer, the IIAA or a competent authority, or any person acting on their behalf , which has legal effect on a person, or significantly affects a person, in connection with—
(a) a protection claim or human rights claim of the person;
(b) the person’s leave to enter or remain in the United Kingdom;
(c) any detention, immigration bail or reporting conditions relating to the person;
(d) the removal from the United Kingdom or deportation of the person;
(e) any asylum support paid to the person, or any payments required from the person under section 23 of this Act;
(f) a reasonable grounds or conclusive grounds decision under Part 5 of the Nationality and Borders Act 2022 relating to the person.
(3) A decision is made with the assistance of an artificial intelligence system if any output of the system, including a summary, transcript, translation, extract, search result, classification, score or recommendation, is relied on by, or made available to, the decision-maker.
(4) Subsection (1) does not apply to a system used solely for—
(a) word processing, spell-checking or the storage of documents, or
(b) the retrieval of a document by reference to its file or case reference, and which does not generate, summarise, translate, classify or evaluate information relating to the person.
(5) A relevant decision made in breach of subsection (1) is not in accordance with the law and must be withdrawn and reconsidered.
(6) This section applies notwithstanding paragraph 4 of Schedule 2 to the Data Protection Act 2018.
(7) In this section—
“artificial intelligence system” means a machine-based system which, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as content, predictions, recommendations or decisions;
“personal data” has the meaning given by section 3(2) of the Data Protection Act 2018.”

This new clause would prevent decisions with legal or similarly significant effects in the immigration, asylum and modern slavery systems from being made by, or with the assistance of, AI systems that process the individual's personal data.

Opposition Amendment NC38

To move the following Clause—
“Use of immigration data to develop artificial intelligence
(1) Personal data obtained or generated in the exercise of functions relating to immigration, asylum, nationality or modern slavery may not be used to train, fine-tune, test, evaluate or otherwise develop an artificial intelligence system.
(2) Any contract for the provision of an artificial intelligence system used in connection with those functions must prohibit the supplier from retaining or using such data for any purpose other than providing the service and must require the deletion of such data upon the completion of the task for which it has been provided.
(3) For the purposes of this section, an interview record, witness statement or account given by a person remains personal data even where names or other direct identifiers have been removed.”

None NC39

To move the following Clause—
“Further provisions relating to the prevention of slavery and human trafficking in organisations and value chains
After section 54 (transparency in supply chains etc) of the Modern Slavery Act 2015, insert—
“54A Duty to prevent slavery and human trafficking in organisations and value chains
(1) A relevant organisation must take reasonable and proportionate steps to prevent slavery and human trafficking arising or occurring in—
(a) its own operations;
(b) the operations of any franchisee or subsidiary undertaking; and
(c) the operations, products or services of any person in its supply or value chain or other business relationship.
(2) In determining what are to be considered reasonable and proportionate steps for the purposes of this section, regard must be given to guidance issued by the Secretary of State under this section.
(3) The Secretary of State must issue guidance on what are to be considered reasonable and proportionate steps for the purposes of this section within 12 months of passing of this Act.
(4) The Secretary of State must by regulations designate an enforcement authority with responsibility for ensuring that relevant organisations comply with the requirements of this section.
(5) The enforcement authority may, where it is satisfied that a relevant organisation has failed to comply with any of the requirements of this section—
(a) issue a public censure notice;
(b) require the organisation to take specified compliance, prevention, restoration or remediation steps within a specified period;
(c) require the organisation to compensate any persons adversely affected by the noncompliance;
(d) impose a monetary penalty of up to 5% of the organisation’s global turnover;
(e) exclude the organisation from participation in public procurement procedures for a period determined by the Secretary of State.
(6) For the purposes of this section—
“relevant organisation” means—
(a) a body corporate or partnership, wherever incorporated or formed, which carries on a business or part of a business in the United Kingdom, supplies goods or services, and has, inclusive of any subsidiary undertaking, total turnover of £36 million or more;
(b) a public undertaking within the meaning of section 2(2) of the Procurement Act 2023;
“value chain” includes all activities undertaken by any entity during the lifecycle of a good or service upstream and downstream of the commercial organisation, including but not limited to material sourcing, processing, production, manufacturing, development, sale, warehousing, logistics, marketing, finance, use and end of life disposal.
54B Responsibility for slavery or human trafficking in organisations and value chains
(1) Where slavery or human trafficking occurs or is identified in the supply or value chains of a relevant organisation (“O”), O is responsible for such slavery or human trafficking if—
(a) any activity of O causes or contributes to the occurrence of the slavery or human trafficking, or
(b) the occurrence of slavery or human trafficking is directly linked to O’s operations, products or services by O’s business relationships.
(2) O is not responsible for the slavery or human trafficking if it is proved that O had taken reasonable and proportionate steps under section 54A.
(3) Where O is responsible for slavery or human trafficking, O commits an offence.
(4) Where an offence under subsection (3) is committed with the consent or connivance of a director, manager, partner or other senior officer of O, that person also commits the offence.
(5) A party guilty of an offence under this section is liable—
(a) in the case of a relevant organisation, and any director, manager, partner or other senior officer of that organisation who commits an offence under subsection (4), to an unlimited fine;
(b) in the case of an individual—
(i) on summary conviction, to an unlimited fine, with such a fine being proportionate to the degree to which they were responsible for slavery or human trafficking;
(ii) on conviction on indictment, to imprisonment for a term not exceeding 10 years, or to an unlimited fine, or to both.
(6) A person adversely affected by any slavery or human trafficking for which a relevant organisation is alleged to be responsible may bring civil proceedings against that organisation, whether or not criminal proceedings have been commenced or concluded in respect of the same conduct.
(7) Civil proceedings under this section may be brought by the person who claims to have been adversely affected by slavery or human trafficking (a “victim”), the Secretary of State, or any person acting on behalf of a victim.
(8) For the purposes of this section, “relevant organisation” has the meaning given in section 54A.””

This new clause would require organisations to take steps to prevent slavery and human trafficking in their operations, and make organisations or individuals responsible for slavery or human trafficking liable to fines or imprisonment unless they have taken reasonable steps to prevent it.

None NC40

To move the following Clause—
“Designation of goods presumed to involve forced labour
After section 54 (transparency in supply chains etc) of the Modern Slavery Act 2015, insert—
“54A Designation of goods presumed to involve forced labour
(1) The Secretary of State may by regulations designate—
(a) goods of a specified description,
(b) goods from a specified country, region, facility, undertaking, sector or industry, or
(c) goods involving a specified person,
as goods presumed to be made with the involvement of, or as the result of, forced labour.
(2) An organisation which trades in the United Kingdom must publish on its website, as part of any slavery and human trafficking statement prepared under section 54 or otherwise, details of whether the organisation—
(a) makes available on the United Kingdom market,
(b) imports into the United Kingdom, or
(c) exports from the United Kingdom,
any goods designated by the Secretary of State under this section.
(3) Regulations under this section must provide for a right of appeal against any designation.
(4) The Secretary of State must issue guidance on compliance with this section and on the action organisations are to be required to take to reduce or eliminate their involvement with designated goods.
(5) In this section—
“forced labour” means forced or compulsory labour within the meaning of Article 2 of the Forced Labour Convention 1930 (No. 29) of the International Labour Organization, and includes forced child labour and labour or services exacted under slavery, servitude, human trafficking, debt bondage or any other form of coercion; goods are made with the involvement of, or as the result of, forced labour if forced labour has been used at any stage of their extraction, mining, harvesting, production, manufacture, processing, packaging, transportation or storage, at any stage of an organisation’s value chain;
“value chain” includes all activities undertaken by any entity during the lifecycle of a good or service upstream and downstream of the organisation, including but not limited to material sourcing, processing, production, manufacturing, development, sale, warehousing, logistics, marketing, finance, use and end of life disposal.””

This new clause would permit the Secretary of State to designate goods as being presumed to involve forced labour and require organisations to publish whether they sell, import or export goods so designated.

Government Amendment 130

Clause 17, page 13, line 30, leave out from “claim”” to “, at” in line 32

This amendment and amendment 131 are consequential on the repeal of section 12 of the Immigration and Asylum Act 2006 (which was never commenced) by the Schedule inserted by NS1.

Government Amendment 131

Clause 17, page 13, line 33, leave out paragraph (b)

See the explanatory statement for amendment 130.

Government Amendment 132

Page 19, line 3, leave out Clause 21

See the explanatory statement for NC35.

Government Amendment 133

Clause 22, page 21, line 1, leave out paragraph (b)

This amendment would omit the transitional provision for clause 22. Amendment 135 would provide for clause 22 to be commenced by regulations, and that would mean that the transitional provision could also be included in the regulations rather than in the primary legislation.

Government Amendment 124

Clause 23, page 22, line 3, at end insert—
“(f) allowing for the reduction, waiver or refund of part or all of an amount required to be paid (whether by conferring a discretion or otherwise);”

This amendment would make it clear that regulations under clause 23 may include provision about the circumstances in which a payment required to be made under that clause by a recipient of asylum support may be reduced, waived or (where it has already been paid) refunded, including provision conferring a discretion on the Secretary of State.

Government Amendment 125

Clause 23, page 22, line 3, at end insert—
“(g) about the effect of a person becoming insolvent on their liability to make payments under this section (whether the liability arose before or after the person became insolvent) (and see section 24(6A)).”

This amendment, together with amendment 126, would make it clear that regulations under clause 23 may include provision about how an amount required to be paid to the Secretary of State under that clause by a recipient of asylum support is to be treated in a case where the person is made bankrupt or enters certain other insolvency proceedings.

Government Amendment 126

Clause 24, page 22, line 41, at end insert—
“(6A) For the purposes of section 23(4)(g) a person becomes insolvent if—
(a) in England and Wales or Northern Ireland—
(i) they are made bankrupt,
(ii) a debt relief order is made in respect of them under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
(iii) a voluntary arrangement takes effect in respect of them under Part 8 of that Act or Part 8 of that Order;
(b) in Scotland—
(i) their estate is sequestrated,
(ii) they grant a trust deed for creditors which becomes a protected trust deed within the meaning of the Bankruptcy (Scotland) Act 2016 (asp 21)), or
(iii) a debt payment programme is approved in relation to them under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17).
(6B) Regulations under section 23(4)(g)may, in particular, amend or modify the application of—
(a) Part 7A, 8 or 9 of the Insolvency Act 1986;
(b) Part 7A, 8 or 9 of the Insolvency (Northern Ireland) Order 1989;
(c) the Bankruptcy (Scotland) Act 2016;
(d) the Debt Arrangement and Attachment (Scotland) Act 2002.”

See the explanatory statement for amendment 125.

Government Amendment 113

Clause 25, page 24, line 17, after “Crown Court” insert “or Court of Appeal”

This amendment means that where the Court of Appeal makes a slavery and trafficking risk order under section 29(1)(a) of the Modern Slavery Act 2015 any application to vary, renew or discharge the order will be determined by the Crown Court.

Government Amendment 114

Clause 38, page 40, line 16, leave out “except where the person is within subsection (1A)” and insert “in a case where the person is aged 18 or over”

This amendment limits the duty of the Secretary of State to disqualify potential victims of slavery or trafficking from certain protections when they are a threat to public order so that the duty will apply only in respect of adults.

Government Amendment 115

Clause 38, page 40, line 18, leave out paragraph (c)

This amendment is consequential on amendment 114.

Government Amendment 116

Clause 38, page 40, line 31, leave out from beginning to “, and” in line 33

This amendment is consequential on amendment 118.

Government Amendment 117

Clause 38, page 42, line 6, leave out from beginning to “, and” in line 7

This amendment is consequential on amendment 118.

Government Amendment 118

Clause 38, page 43, line 7, leave out subsection (6) and insert—
“(6) In section 65 (leave to remain for victims of slavery or human trafficking)—
(a) omit subsection (3);
(b) for subsection (6) substitute—
“(6) Subsection (7) applies if the Secretary of State is satisfied—
(a) that the person poses a risk to the national security of the United Kingdom, or
(b) in a case where the person is aged 18 or over, that the person is a threat to public order.
(6A) Subsection (7) also applies if the Secretary of State is satisfied that the person—
(a) has claimed to be a victim of slavery or human trafficking in bad faith, and
(b) was aged 18 or over at the time the claim was made.”;
(c) for subsection (9) substitute—
“(9) The following apply for the purposes of this section—
(a) subsections (2B) to (7) of section 63;
(b) subsections (3), (4), (5), (8) and (9) of section 63A;
(c) regulations made under subsection (6) of section 63A.””

This amendment means the Secretary of State will not be under a duty to grant limited leave to remain to a victim of slavery or human trafficking if the victim is a risk to national security, is an adult who is a threat to public order or has claimed to be a victim in bad faith at a time when they were an adult.

Government Amendment 119

Clause 39, page 43, line 13, at end insert—
“(za) in subsection (1)—
(i) omit “and” at the end of paragraph (a),
(ii) in paragraph (b), after “leave to” insert “enter or”, and
(iii) at the end of paragraph (b) insert
“, and
(c) who does not have a right of abode in the United Kingdom”,”

This amendment will clarify that the duty to grant limited leave to remain to a victim of slavery or human trafficking does not apply if the victim already has leave to enter the United Kingdom or a right of abode in the United Kingdom.

Government Amendment 120

Clause 43, page 45, line 9, after “support” insert “of a particular kind”

This amendment and amendments 121 and 122 clarify that where assistance or support of a particular kind would have been available from elsewhere had it not been for the victim’s conduct it is only assistance or support of that particular kind that the Secretary of State will no longer be under a duty to provide.

Government Amendment 121

Clause 43, page 45, line 10, leave out first “the”

See the explanatory statement for amendment 120.

Government Amendment 122

Clause 43, page 45, line 10, after “support” insert “of that kind”

See the explanatory statement for amendment 120.

Government Amendment 123

Clause 43, page 45, line 15, leave out “properly”

This amendment leaves out an unnecessary word from the inserted subsection (5ZA).

Government Amendment NC32

To move the following Clause—
“Exception from automatic deportation of foreign criminals
In section 33 of the UK Borders Act 2007 (exceptions from automatic deportation of foreign criminals) for subsection (6A) substitute—
“(6A) Exception 6 is where—
(a) the foreign criminal has limited leave to remain in the United Kingdom under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking),
(b) the Secretary of State is under a duty to grant the foreign criminal limited leave to remain in the United Kingdom under that section, or
(c) the Secretary of State intends to grant the foreign criminal limited leave to remain in the United Kingdom under that section despite not being required to do so as a result of the application of subsection (7)(a) of that section.””

This new clause, to go after clause 39, replaces an exception from the duty to deport foreign criminals. The existing exception operates by reference to the Council of Europe Convention on Action against Trafficking in Human Beings. The replacement exception will operate by reference to the domestic legislation that gives effect to that Convention.

Government Amendment NC33

To move the following Clause—
“Enforcement of decisions of the Immigration Services Commissioner
(1) Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and immigration service providers) is amended as follows.
(2) In section 92F (enforcement of penalty notices) (inserted by paragraph 9 of Schedule 1 to the Border Security, Asylum and Immigration Act 2025)—
(a) in subsection (1), after “notice” insert “(“a penalty”)”;
(b) for subsections (2) to (4) substitute—
“(2) In England and Wales, the penalty is recoverable as if it were payable under an order of the county court.
(3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4) In Northern Ireland, the penalty is recoverable as if it were payable under an order of the county court.
(5) Where action is taken under this section for the recovery of a penalty, the penalty—
(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.”
(3) In Schedule 5 (the Immigration Services Commissioner), in paragraph 9C (enforcement of orders to refund fees or pay compensation) (inserted by paragraph 14(5) of the Border Security, Asylum and Immigration Act 2025)—
(a) for sub-paragraph (3) substitute—
(3)Any amount to be refunded or paid under the order (“the amount owing”)—
(a)in England and Wales, is recoverable by P or the Commissioner (on P’s behalf) as if it were payable under an order of the county court;
(b)in Scotland, may be enforced by P or the Commissioner (on P’s behalf) in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland;
(c)in Northern Ireland, is recoverable by P or the Commissioner (on P’s behalf) as if it were payable under an order of the county court.”;
(b) in sub-paragraph (4), for “make an application under sub-paragraph (3)” substitute “take steps to recover or enforce an amount owing”;
(c) for sub-paragraphs (5) and (6) substitute—
(5)Where action is taken under this paragraph for the recovery of an amount to be refunded or paid under an order of the Commissioner, the order—
(a)in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b)in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
(6)For the purposes of this paragraph, an appeal is pending during the period—
(a)starting when the appeal is brought, and
(b)ending when the appeal is finally determined, abandoned or withdrawn.””

This amendment would insert a new clause, to go in after clause 49, amending the provision inserted into the Immigration and Asylum Act 1999 about the enforcement of orders made by the Immigration Services Commissioner for penalties, refunds and compensation, so as to make it work effectively in Northern Ireland.

Government Amendment NC34

To move the following Clause—
“Meaning of “the Immigration Acts”
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—
(a) omit the “and” at the end of paragraph (n);
(b) at the end insert
“, and
(p) the Immigration and Asylum Act 2026.””

This new clause, which would go in after clause 50, would add the Bill to the list of “Immigration Acts” in the UK Borders Act 2007. “The Immigration Acts” is a general term used across the statute book and is defined in the Interpretation Act 1978.

Government Amendment NC35

To move the following Clause—
“Core protection: protection claims and protection status
(1) This section applies for the purposes of the Immigration Acts.
(2) A protection claim means a claim made by a person that to remove them from or require them to leave the United Kingdom—
(a) would breach the United Kingdom’s obligations under the Refugee Convention, or
(b) would otherwise cause them to face a real risk of suffering serious harm in their country of nationality (or, where they do not have a nationality, the country of their former habitual residence), in circumstances where they would be unable or, owing to such risk, unwilling to avail themselves of the protection of that country.
(3) For the purposes of subsection (2)(b), serious harm means—
(a) the death penalty or execution,
(b) unlawful killing,
(c) torture or inhuman or degrading treatment or punishment, or
(d) serious and individual threat to a civilian’s life by reason of indiscriminate violence in situations of international or internal armed conflict,
which is inflicted by an actor of serious harm mentioned in subsection (4).
(4) The actors of serious harm are—
(a) the State;
(b) any party or organisation controlling the State or a substantial part of the territory of the State;
(c) any non-State actor, if it can be demonstrated that the actors mentioned in paragraphs (a) and (b), including any international organisation, are unable or unwilling to provide reasonable protection against the serious harm.
(5) The Secretary of State may refuse a protection claim under subsection (2)(b) on the grounds mentioned in Article 1F or Article 33(2) of the Refugee Convention (commission of crimes etc).
(6) A person qualifies for protection status if they would be able to make a successful protection claim; and a person has protection status if the Secretary of State has decided to allow a protection claim made by the person.
(7) The Secretary of State may revoke a person’s protection status.
(8) The Refugee Convention means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol.”

This new clause, together with the clause inserted by NC36 and the Schedule inserted by NS1 would replace clause 21. This new clause and the provision in the new Schedule aim to set out on the face of the Bill the provision that would otherwise have been made under the power in clause 21.

Government Amendment NC36

To move the following Clause—
“Core protection: amendments
(1) Schedule (Core protection: amendments) contains amendments that are consequential on or otherwise related to section (Core protection: protection claims and protection status).
(2) The Secretary of State may by regulations make further provision that is consequential on or otherwise related to section (Core protection: protection claims and protection status).
(3) Regulations under subsection (2) may in particular—
(a) amend any legislation so as to change references to human rights claims or asylum claims to references to protection claims;
(b) insert, amend or remove references in any legislation to “protection status”, “protection claim”, “human rights claim”, “asylum”, “refugee”, “humanitarian protection” or any related terms;
(c) confer rights and impose obligations or requirements on any person (including the Secretary of State) in relation to a protection claim or protection status.
(4) Regulations under subsection (2) may amend, repeal or revoke provision made by primary legislation passed—
(a) before this Act, or
(b) later in the same session of Parliament as this Act,
(as well as amending or revoking provision made under such primary legislation).
(5) In this section “primary legislation” means—
(a) an Act,
(b) an Act or Measure of Senedd Cymru,
(c) an Act of the Scottish Parliament, or
(d) Northern Ireland legislation.”

This new clause introduces the Schedule of amendments which are consequential on, or otherwise related to, the new definitions of protection claim and protection status in the new clause inserted by NC35. It also gives a power to the Secretary of State to make further consequential and related amendments, including to primary legislation.

Government Amendment NS1

To move the following Schedule—
“Schedule
CORE PROTECTION: AMENDMENTS
Immigration Act 1971
1 In section 26A of the Immigration Act 1971 (offence of falsifying registration card)—
(a) in subsection (1), in paragraph (b), for sub-paragraph (i) (but not the “or” following it) substitute—
“(i) a protection claim (whether or not made by that person) (see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026) (core protection: protection claims and protection status),”
(b) omit subsection (2).
Housing Act 1996
2 In section 186 of the Housing Act 1996 (asylum-seekers and their dependants)—
(a) in subsection (2), in the words before paragraph (a), for “claim for asylum” substitute “protection claim”;
(b) for subsection (5) substitute—
“(5) In this section, “protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
Special Immigration Appeals Commission Act 1997
3 In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals), in subsection (4), for “rejection of a claim for asylum” substitute “refusal of a protection claim”.
Immigration and Asylum Act 1999
4 The Immigration and Asylum Act 1999 is amended as set out in paragraphs 5 to 14.
5 In section 4 (accommodation)—
(a) in subsection (2)(b), for “claim for asylum” substitute “protection claim”;
(b) in subsection (4), omit paragraph (b) (but not the “and” following it).
6 In section 13 (proof of identity of persons to be removed or deported), in subsection (3), for “claim for asylum” substitute “protection claim”.
7 In section 32 (penalty for carrying clandestine entrants), in subsection (1), in the words after paragraph (c), for “claims, or indicates that he intends to seek, asylum” substitute “makes, or indicates that he intends to make, a protection claim”.
8 In section 82(1) (interpretation of Part 5)—
(a) omit the definition of “claim for asylum”;
(b) in the definition of “relevant matters”, in paragraph (a), for “claim for asylum” substitute “protection claim”.
9 In section 94 (interpretation of Part 6)—
(a) in subsection (1)—
(i) in the definition of “asylum-seeker” (before its substitution by paragraph 3(2)(a) of Schedule 11 to the Immigration Act 2016), for “claim for asylum” substitute “protection claim”;
(ii) omit the definition of “claim for asylum”;
(b) in subsection (2C) (as inserted by paragraph 3(3) of Schedule 11 to the Immigration Act 2016), in paragraph (a), “would” to “claims)” substitute “—
(i) would breach the United Kingdom’s obligations under the Refugee Convention, or
(ii) would otherwise cause the person to face a real risk of suffering serious harm in their country of nationality (or, where they do not have a nationality, the country of their former habitual residence), in circumstances where they would be unable or, owing to such risk, unwilling to avail themselves of the protection of that country,”;
(c) after subsection (2C) insert—
“(2CA) In subsection (2C)(a)(ii), “serious harm” has the meaning given by section (Core protection: protection claims and protection status)(3) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
(d) in subsection (3), for “claim for asylum” substitute “protection claim”;
(e) in subsection (6), for “claim for asylum” substitute “protection claim”.
10 In section 96 (ways in which support may be provided), in subsection (1)(c), for “claim for asylum” substitute “protection claim”.
11 In section 97 (supplemental), in subsection (3A)(a), for “claim for asylum” substitute “protection claim”.
12 In section 141 (fingerprinting)—
(a) in subsections (7)(e), (8)(e) and (9)(e), for “claim for asylum” substitute “protection claim”;
(b) omit subsection (15).
13 In section 167 (interpretation), in subsection (1)—
(a) omit the definition of “claim for asylum”;
(b) at the appropriate place insert—
““protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status);”
14 In Schedule 8 (provision of support: regulations), in paragraph 9(2)(b), for “claim for asylum” substitute “protection claim”.
Anti-terrorism, Crime and Security Act 2001
15 In section 34 of the Anti-terrorism, Crime and Security Act 2001 (construction of Articles 1(F) and 33(2) of the Refugee Convention), in subsection (1), after “&c.)” insert “(including those Articles as applied by section (Core protection: protection claims and protection status)(5) of the Immigration and Asylum Act 2026)”.
Nationality, Immigration and Asylum Act 2002
16 The Nationality, Immigration and Asylum Act 2002 is amended as set out in paragraphs 17 to 35.
17 In section 16 (establishment of accommodation centres), in subsection (3)(b), for “claims for asylum (within the meaning of section 18(3))” substitute “protection claims (see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status))”.
18 In section 18 (asylum-seeker: definition)—
(a) in subsection (1) (before its substitution by paragraph 31(2) of Schedule 11 to the Immigration Act 2016), in paragraph (c), for “claim for asylum” substitute “protection claim”;
(b) for subsection (3) substitute—
“(3) For the meaning of “protection claim” see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
19 In section 21 (sections 17 to 20: supplementary), in subsection (3), for “claim for asylum” substitute “protection claim”.
20 In section 29 (facilities)—
(a) in subsection (1)(c), for “claim for asylum” substitute “protection claim”;
(b) in subsection (4), for “claim for asylum” substitute “protection claim”.
21 Omit the following sections—
(a) sections 44 to 46 (destitute asylum-seeker);
(b) section 47 (asylum-seeker: family with children);
(c) section 53 (asylum-seeker: appeal against refusal to support).
22 In section 55 (late protection claim: refusal of support)—
(a) in subsections (1)(a), (3)(a) and (6)(a), for “claim for asylum” substitute “protection claim”;
(b) for subsection (9) substitute—
“(9) For the meaning of “protection claim” see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
(c) in the heading, for “claim for asylum” substitute “protection claim”.
23 In section 71 (asylum-seeker: residence etc restriction)—
(a) in subsection (1)(a), for “claim for asylum” substitute “protection claim”;
(b) in subsection (5)—
(i) omit the definition of “claim for asylum”;
(ii) at the end insert—
““protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
24 In section 72 (serious criminal)—
(a) in subsection (1), at the end insert “(including that Article as applied by section (Core protection: protection claims and protection status)(5) of the Immigration and Asylum Act 2026)”;
(b) in subsection (9)(a), for the words from “section 84(1)(a)” to “Convention)” substitute “section 84(1) or (3) of this Act (refusal of protection claim or revocation of protection status)”.
25 In section 77 (no removal while claim pending)—
(a) in subsection (1), for “claim for asylum” substitute “protection claim”;
(b) in subsection (2), for paragraph (a) (but not the “and” following it) substitute—
“(a) “protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status),”
(c) in subsection (2B), in paragraph (d), at the end insert “(or, in a case where the person does not have a nationality, the State is not the place of their former habitual residence)”;
(d) in subsection (4), for “claim for asylum” substitute “protection claim”;
(e) in the heading, for “claim for asylum” substitute “protection claim”.
26 In the heading to Part 4A, for “Asylum” substitute “Protection”.
27 In section 80A (claims by nationals of listed safe States)—
(a) in subsection (1), for “an asylum” substitute “a protection”;
(b) in subsection (2)—
(i) for “An asylum” substitute “A protection”;
(ii) for “under the immigration rules” substitute “by the Secretary of State”;
(c) in subsection (3), for “an asylum” substitute “a protection”;
(d) in subsection (6)—
(i) omit ““asylum claim”,”;
(ii) for “and “the Refugee Convention” have the meanings” substitute “has the meaning”;
(e) at the end insert—
“(7) For the meanings of “protection claim” and “the Refugee Convention”, see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
28 In section 80AA (safe States for the purposes of section 80A), in subsection (3)(b), for the words from “contravene” to the end substitute “—
(i) cause such nationals to face a real risk of suffering serious harm within the meaning given by section (Core protection: protection claims and protection status)(3) of the Immigration and Asylum Act 2026, or
(ii) contravene the United Kingdom’s obligations under the Human Rights Convention.”
29 In section 80B (claims by persons with connection to safe third State)—
(a) in each place it occurs, for “an asylum” substitute “a protection”;
(b) in subsection (2), for “under the immigration rules” substitute “by the Secretary of State”;
(c) in subsection (7), for “An asylum” substitute “A protection”;
(d) in subsection (8)(a), for the words from the beginning to “Refugee Convention”” substitute ““Human Rights Convention” and “immigration rules””;
(e) at the end insert—
“(9) For the meanings of “protection claim” and “the Refugee Convention”, see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
(f) in the heading, for “Asylum” substitute “Protection”.
30 In section 82 (right of appeal), omit subsection (2).
31 In section 84 (grounds of appeal)—
(a) in subsection (1)(b), for the words from “breach” to the end substitute “cause them to face a real risk of suffering serious harm in their country of nationality (or, where they do not have a nationality, the country of their former habitual residence), in circumstances where they would be unable or, owing to such risk, unwilling to avail themselves of the protection of that country.”;
(b) after subsection (1) insert—
“(1A) In subsection (1)(b), “serious harm” has the meaning given by section (Core protection: protection claims and protection status)(3) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
(c) in subsection (3), for the words from “one” to the end substitute “the ground that the appellant still qualifies for protection status”.
32 In section 94 (certification of claims as unfounded or removal to safe third country)—
(a) in subsection (3), for “claimant” substitute “person making a protection claim”;
(b) in subsection (5)(b), for the words from “contravene” to the end substitute “cause such persons to face a real risk of suffering serious harm within the meaning of section (Core protection: protection claims and protection status)(3) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”;
(c) in subsection (7), in paragraph (a), after “citizen” insert “(or, if the person does not have a nationality, to a country which is not the country of his former habitual residence)”;
(d) in subsection (8)—
(i) omit the “and” at the end of paragraph (a);
(ii) in paragraph (b), omit the words from “or” to the end;
(iii) at the end insert
“, and
(c) a place from which a person will not be sent to their country of nationality (or if they do not have a nationality, the country of their former habitual residence) if they would face a real risk of suffering serious harm in that country and would be unable, or owing to such risk, unwilling to avail themselves of the protection of the country.”;
(e) after subsection (8) insert—
“(8A) In subsection (8)(c), “serious harm” has the same meaning as in section (Core protection: protection claims and protection status)(3) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
33 In section 104(4B) (pending appeal), for “84(1)(a) or (b) or 84(3) (asylum or humanitarian protection)” substitute “84(1) or (3) (refusal of protection claim or revocation of protection status)”.
34 In section 113 (interpretation)—
(a) in subsection (1), omit the definitions of—
(i) asylum claim,
(ii) humanitarian protection,
(iii) protection claim,
(iv) protection status, and
(v) the Refugee Convention;
(b) after subsection (1A) (as inserted by section 17(1)(d)) insert—
“(1B) For the meanings of “protection claim”, “protection status” and “the Refugee Convention”, see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
35 In Schedule 3 (withholding and withdrawal of support), in paragraph 17(1), in the definition of “asylum-seeker” (before its substitution by paragraph 40 of Schedule 11 to the Immigration Act 2016), for paragraph (b) (but not the “and” following it) substitute—
“(b) who has made a protection claim (see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status)),”
Extradition Act 2003
36 The Extradition Act 2003 is amended as set out in paragraphs 37 to 40.
37 In section 39 (restriction on extradition where person has made a claim)—
(a) in subsection (3)—
(i) in paragraph (b), for “an asylum” substitute “a protection”;
(ii) in the words after paragraph (b), omit “asylum”;
(b) in subsection (5), for “asylum” substitute “protection”;
(c) in subsection (6), in the words before paragraph (a), for “asylum” substitute “protection”;
(d) in subsection (7), for “an asylum” substitute “a protection”;
(e) in the heading, for “Asylum” substitute “Protection”.
38 In section 40 (certificate in respect of claimant)—
(a) in subsection (2)(a), for “asylum” substitute “protection”;
(b) in subsection (3)(a), at the end insert “(or, in a case where the person does not have a nationality, the territory is not the place of their former habitual residence)”;
(c) in the heading, for “asylum” substitute “protection”.
39 In section 121 (restriction on extradition where person has made a claim)—
(a) in subsection (3)—
(i) in paragraph (b), for “an asylum” substitute “a protection”;
(ii) in the words after paragraph (b), omit “asylum”;
(b) in subsection (4), for “asylum” substitute “protection”;
(c) in subsection (5), in the words before paragraph (a), for “asylum” substitute “protection”;
(d) in subsection (6), for “an asylum” substitute “a protection”;
(e) in the heading, for “Asylum” substitute “Protection”.
40 In section 216 (other interpretative provisions), for subsection (7) substitute—
“(7) “Protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status).”
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
41 The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as set out in paragraphs 42 to 45.
42 In section 2 (entering UK without passport etc), in subsection (12), in the definition of “leave or asylum interview”, in paragraph (b), for the words from the beginning to “Convention or” substitute “makes a protection claim (see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026) or a claim that to remove the person or require them to leave the United Kingdom”.
43 In section 8 (claimant’s credibility)—
(a) for “an asylum”, in each place it occurs, substitute “a protection”;
(b) in subsection (3B), in paragraph (a), for “asylum” substitute “protection”;
(c) in subsection (7)—
(i) omit the definition of “asylum claim”;
(ii) at the appropriate place insert—
““protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status),”
44 In section 13 (integration loans)—
(a) in subsection (1)—
(i) for paragraph (a) (but not the “and” following it) substitute—
“(a) to persons—
(i) who have protection status (see section (Core protection: protection claims and protection status)(6) of the Immigration and Asylum Act 2026), and
(ii) to whom the Secretary of State has granted leave to enter or remain in the United Kingdom (within the meaning of section 33(1) of the Immigration Act 1971),”;
(ii) in paragraph (b), for “refugees” substitute “persons with protection status”;
(b) omit subsection (2);
(c) in subsection (3)(a)(iii) for “recorded as a refugee” substitute “granted protection status”.
45 (1)Schedule 3 (removal of asylum seeker to safe country) is amended as follows.
(2)In paragraph 1—
(a)in sub-paragraph (1)—
(i)omit the definition of “asylum claim”;
(ii)omit the “and” at the end of the definition of “immigration appeal”;
(iii)after the definition of “immigration appeal” insert—
““protection claim” has the meaning given by section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026 (core protection: protection claims and protection status), and”
(b)in sub-paragraph (3), for “an asylum” substitute “a protection”.
(3)In paragraph 3, in sub-paragraph (1)—
(a)in the words before paragraph (a), for “an asylum” substitute “a protection”;
(b)in paragraph (b), at the end insert “(or, in a case where the claimant does not have a nationality, to a State which is not the State of his former habitual residence)”.
(4)In paragraph 5, in sub-paragraph (3)(a), for “an asylum” substitute “a protection”.
(5)In paragraph 8, in sub-paragraph (1)—
(a)in the words before paragraph (a), for “an asylum” substitute “a protection”;
(b)in paragraph (b), at the end insert “(or, in a case where the person does not have a nationality, to a State which is not the State of his former habitual residence)”.
(6)In paragraph 10, in sub-paragraph (3), for “an asylum” substitute “a protection”.
(7)In paragraph 13, in sub-paragraph (1)—
(a)in the words before paragraph (a), for “an asylum” substitute “a protection”;
(b)in paragraph (b), at the end insert “(or, in a case where the person does not have a nationality, to a State which is not the State of his former habitual residence)”.
(8)In paragraph 15, in sub-paragraph (3), for “an asylum” substitute “a protection”.
(9)In paragraph 17—
(a)in the words before paragraph (a), for “an asylum” substitute “a protection”;
(b)in paragraph (b), after “State” insert “(or, in a case where the person does not have a nationality, the specified State is not the State of the person’s former habitual residence)”.
(10)In paragraph 19, in sub-paragraph (b), for “an asylum” substitute “a protection”.
Immigration, Asylum and Nationality Act 2006
46 The Immigration, Asylum and Nationality Act 2006 is amended as set out in paragraphs 47 to 49.
47 Omit section 12 (asylum and human rights claims: definition).
48 In section 54 (Refugee Convention: construction), in subsection (1), after “Convention” insert “(including that Article as applied by section (Core protection: protection claims and protection status)(5) of the Immigration and Asylum Act 2026)”.
49 In section 55 (Refugee Convention: certification)—
(a) in subsection (1), in the words before paragraph (a)—
(i) for “an asylum” substitute “a protection claim”;
(ii) after “Convention” insert “or does not qualify for protection status under section (Core protection: protection claims and protection status)(2)(b) of the Immigration and Asylum Act 2026”;
(b) in subsection (2)(a)—
(i) in the words before sub-paragraph (i), for ““asylum appeal”” substitute ““protection claim appeal””;
(ii) in sub-paragraph (ii), for the words from “section 84(1)(a)” to “Convention)” substitute “section 84(1) or (3) of that Act (refusal of protection claim or revocation of protection status)”;
(c) in subsection (3), for “asylum appeal” substitute “protection claim appeal”;
(d) in subsection (4)—
(i) for “asylum appeal” substitute “protection claim appeal”;
(ii) for “asylum claim” substitute “protection claim”.
UK Borders Act 2007
50 In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers), in subsection (2), in the words before paragraph (a), for “claim for asylum” substitute “protection claim”.
Criminal Justice and Immigration Act 2008
51 In section 135 of the Criminal Justice and Immigration Act 2008 (support: supplemental), in subsection (5), for “claim for asylum” substitute “protection claim”.
Immigration Act 2016
52 In Schedule 11 to the Immigration Act 2016 (support for certain categories of migrant)—
(a) in paragraph 3—
(i) in sub-paragraph (2), omit paragraphs (b) and (d);
(ii) omit sub-paragraph (4);
(b) omit paragraph 4;
(c) in paragraph 31, omit sub-paragraph (3);
(d) omit paragraphs 32, 34 to 37, 39 and 41.
Nationality and Borders Act 2022
53 Part 2 of the Nationality and Borders Act 2002 (asylum) is amended as set out in paragraphs 54 to 63.
54 Omit section 12 (differential treatment of refugees).
55 Omit section 13(2)(b) (accommodation for asylum seekers; amendment of section 97(3A) of the Immigration and Asylum Act 1999).
56 In section 14 (requirement to make claim at “designated place”)—
(a) in subsection (1), for “An asylum claim” substitute “A protection claim (see section (Core protection: protection claims and protection status) of the Immigration and Asylum Act 2026)”;
(b) in subsection (2)(d), for “an asylum” substitute “a protection”;
(c) omit subsections (5) and (6);
(d) in the heading, for “asylum” substitute “protection”.
57 In the italic heading above section 30, at the end insert “and section (Core protection: protection claims and protection status)(2) of the Immigration and Asylum Act 2026”.
58 (1)Section 30 (Refugee Convention: general) is amended as follows.
(2)In subsection (1), in the words before paragraph (a), omit “(referred to in those sections as an “asylum seeker”)”.
(3)After subsection (1) insert—
(1A)Sections 34 (protection from persecution or serious harm) and 35 (internal relocation) also apply for the purposes of the determination by any person, court or tribunal whether a person qualifies for protection status on the grounds mentioned in section (Core protection: protection claims and protection status)(2)(b) of the Immigration and Asylum Act 2026 (risk of serious harm in country of nationality).”
(4)In the heading, after “Convention” insert “and section (Core protection: protection claims and protection status)(2) of the Immigration and Asylum Act 2026”.
59 In section 32 (Article 1(A)(2): well-founded fear)—
(a) in subsection (1), for “an asylum seeker’s” substitute “a person’s”;
(b) in subsections (2) to (4), for “asylum seeker”, in each place it occurs, substitute “person”.
60 (1)Section 34 (Article 1(A)(2): protection from persecution) is amended as follows.
(2)In subsection (1), for “, protection from persecution” substitute “or section (Core protection: protection claims and protection status)(2)(b) of the Immigration and Asylum Act 2026, protection from persecution or serious harm”;
(3)In subsection (2)—
(a)in the words before paragraph (a)—
(i)for “An asylum seeker” substitute “A person”;
(ii)after “persecution” insert “or serious harm”;
(b)in paragraph (a), after “persecution” (in both places) insert “or serious harm”;
(c)in paragraph (b), for “asylum seeker” substitute “person”.
(4)In the heading—
(a)after “1(A)(2)” insert “or section (Core protection: protection claims and protection status)(2)(b) of the Immigration and Asylum Act 2026”;
(b)after “persecution” insert “or serious harm”.
61 (1)Section 35 (Article 1(A)(2): internal relocation) is amended as follows.
(2)In subsection (1), for “An asylum seeker” substitute “A person”.
(3)After subsection (1) insert—
(1A)A person is not to be taken to qualify for protection status under (Core protection: protection claims and protection status)(2)(b) of the Immigration and Asylum Act 2026 if—
(a)they would not face a real risk of suffering serious harm in a part of their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence), and
(b)they can reasonably be expected to travel to and remain in that part of the country.”
(4)In subsection (2)—
(a)in the words before paragraph (a), for “an asylum seeker” substitute “a person”;
(b)in paragraph (a)(ii), for “asylum seeker” substitute “person”.
(5)In the heading, after “1(A)(2)” insert “or section (Core protection: protection claims and protection status)(2)(b) of the Immigration and Asylum Act 2026”.
62 In section 36 (Article 1(F): disapplication of Convention in case of serious crime etc)—
(a) in subsection (1), after “Convention” insert “(including that Article as applied by section (Core protection: protection claims and protection status)(5) of the Immigration and Asylum Act 2026)”;
(b) in subsection (4)(b), for “refugee” substitute “protection”.
63 In section 39 (interpretation of Part 2)—
(a) omit the definition of “human rights claim”;
(b) for the definition of “protection claim” substitute—
““protection claim” , other than in section 28(4), has the meaning given in section (Core protection: protection claims and protection status)(2) of the Immigration and Asylum Act 2026.””

See the explanatory statements for NC35 and NC36.

Government Amendment 134

Clause 50, page 52, line 10, leave out paragraph (b) and insert—
“(b) regulations under section (Core protection: amendments) which amend, repeal or revoke primary legislation (within the meaning of that section);”

This amendment is consequential on NC36. The effect of it would be that regulations made under the power in the new clause inserted by NC36 would be subject to the affirmative procedure if they amended primary legislation, and otherwise subject to the negative procedure.

Government Amendment 127

Clause 51, page 52, line 21, at end insert—
“(3) Paragraph 21 of Schedule 1 (and section 1(3) so far as relating to that paragraph) also extends to the Channel Islands and the Isle of Man and the British overseas territories within the meaning of the British Nationality Act 1981 (see section 50(1) of that Act).
(4) His Majesty may by Order in Council provide—
(a) for any of the provisions of this Act to extend, with or without modification, to the Isle of Man, and
(b) for any of the provisions of Parts 3 and 4, and this Part so far as relating to Parts 3 and 4, to extend, with or without modification, to the Bailiwick of Guernsey.
(5) A power under any provision listed in subsection (6) may be exercised—
(a) so as to extend (with or without modification) to the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates;
(b) so as to extend (with or without modification) to the Bailiwick of Jersey any amendment or repeal made by or under Part 2 or 5 of this Act of any part of an Act to which the provision listed in subsection (6) relates;
(c) so as to extend (with or without modification) to the Bailiwick of Guernsey any amendment or repeal made by or under Part 2, 3 or 4 of this Act of any part of an Act to which the provision listed in subsection (6) relates.
(6) Those provisions are—
(a) section 36 of the Immigration Act 1971;
(b) section 9(3) of the Special Immigration Appeals Commission Act 1997;
(c) section 170(7) of the Immigration and Asylum Act 1999;
(d) section 163(4) of the Nationality, Immigration and Asylum Act 2002;
(e) section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;
(f) section 63(3) of the Immigration, Asylum and Nationality Act 2006;
(g) section 60(4) of the UK Borders Act 2007;
(h) section 60(6) of the Modern Slavery Act 2015;
(i) section 95(5) of the Immigration Act 2016;
(j) section 86(4) of the Nationality and Borders Act 2022;
(k) section 64(4) of the Border Security, Asylum and Immigration Act 2025.”

This amendment provides for the consequential amendment of the British Nationality Act 1981 in paragraph 21 of Schedule 1 to the Bill to extend to the Channel Islands, the Isle of Man and the British overseas territories. The amendment also provides powers for other provisions of the Bill to be extended to the Channel Islands or the Isle of Man.

Government Amendment 128

Clause 52, page 52, line 23, leave out “(5)” insert “(5B)”

This amendment is consequential on amendments 129 and 136.

Government Amendment 135

Clause 52, page 52, line 37, leave out paragraph (a)

This amendment would change the way in which Part 3 (core protection) is commenced, so that instead of it commencing automatically two months after Royal Assent it would be commenced by regulations.

Government Amendment 129

Clause 52, page 53, line 7, at end insert—
“(5A) Section (Enforcement of decisions of the Immigration Services Commissioner) comes into force at the time when paragraphs 9 and 14 of Schedule 1 to the Border Security, Asylum and Immigration Act 2025 come fully into force.”

This amendment makes provision about the commencement of the new clause inserted by amendment NC33 .

Government Amendment 136

Clause 52, page 53, line 7, at end insert—
“(5B) In Schedule (Core protection: amendments)—
(a) paragraph 9(c) comes into force at the same time as paragraph 3(3) of Schedule 11 to the Immigration Act 2016;
(b) paragraph 28 comes into force at the same time as section 59(3) of the Illegal Migration Act 2023 comes fully into force;
(c) paragraph 51 comes into force at the same time section 135 of the Criminal Justice and Immigration Act 2008 comes into force.”

This amendment would delay the commencement of three amendments made by the new Schedule inserted by NS1, so that they come into force only when provisions being amended are brought into force.

Opposition Amendment 64

Clause 1, page 2, leave out lines 1 to 5 and insert—
“(5) In the exercise of its functions, the IIAA must—
(a) be accessible, fair and independent,
(b) handle its cases quickly and efficiently.”

This amendment would remove the requirement for the IIAA to “aim to” operate fairly and independently and handle cases quickly and efficiently, so that the IIAA instead has a duty to so act. It would also remove the requirement for the IIAA to have regard to the public interest.

None 48

Clause 1, page 2, line 2, leave out “aim to”

None 49

Clause 1, page 2, leave out lines 4 and 5

Opposition Amendment 87

Clause 1, page 2, line 4, leave out paragraph (c) and insert—
“(c) give effect to the public interest in the effective enforcement of immigration control, including the prompt removal from the United Kingdom of persons who have no right to remain, having regard to the fact that the IIAA operates as a key part of the immigration and asylum system.”

This amendment would require the IIAA to give effect to the public interest in effective immigration control, including the prompt removal of those with no right to remain, rather than merely to have regard to the public interest.

Opposition Amendment 65

Clause 1, page 2, leave out lines 11 to 14

This amendment would remove the provision which prevents individuals from being able to initiate judicial review proceedings against decisions made by the IIAA.

Opposition Amendment 85

Clause 1, page 2, line 13, leave out from “decisions)” to the end of line 14

This amendment would mean that IIAA decisions could not be appealed to the upper tribunal.

Government Amendment 22

Schedule 1, page 58, line 7, at end insert—
“32A In section 5 of the Special Immigration Appeals Commission Act 1997 (procedure), in subsection (2A), for “Tribunal Procedure Rules” substitute “IIAA Procedure Rules (see section 4 of the Immigration and Asylum Act 2026)”.”

This amendment would add a further consequential amendment to Schedule 1.

Government Amendment 23

Schedule 1, page 58, line 30, leave out paragraph 37

This amendment is consequential on NC1. The amendment to the Courts Act 2003 made by paragraph 37 of Schedule 1 is no longer necessary as its effect is the same as the provision made at subsection (4)(a) of the new clause inserted by NC1.

Government Amendment 24

Schedule 1, page 59, line 5, at end insert—
“38A In section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, in subsection (7), in the definition of “deciding authority”, in paragraph (c), for “First-tier Tribunal” substitute “Independent Immigration Appeals Authority established under section 1 of the Immigration and Asylum Act 2026.”

This amendment would add a further consequential amendment to Schedule 1.

Opposition Amendment 66

Clause 2, page 2, leave out lines 24 to 28 and insert—
“(2) The executive and non-executive members of the IIAA specified in subsection (1) are to be appointed by the Judicial Appointments Commission.”

This amendment would require the Chair, Chief Executive, Chief Appeals Officer, Professional Standards Officer and adjudicators of the IIAA to be appointed by the Judicial Appointments Commission.

Government Amendment 25

Clause 2, page 3, line 4, leave out “Chief Executive” and insert “relevant person”

This amendment, together with amendment 26, would mean that, as regards the appointment of a Professional Standards Officer who does not meet the criteria in clause 2(7)(a), it would be the Chair, rather than the Chief Executive, who determines whether they have sufficient experience.

Government Amendment 26

Clause 2, page 3, line 5, at end insert—
“(7A) In subsection (7)(b), “relevant person”—
(a) in relation to the appointment of the Professional Standards Officer, means the Chair;
(b) in relation to the appointment of the Chief Appeals Officer, means the Chief Executive.”

See the explanatory statement for amendment 25.

Opposition Amendment 67

Clause 2, page 3, line 6, leave out "a senior" and insert “an”

This amendment would require all adjudicators deciding appeals for the IIAA to have legal qualifications or experience.

Government Amendment 27

Clause 2, page 3, line 20, leave out “Chief Executive” and insert “Chair or the Chief Executive (as the case may be)”

This amendment is consequential on amendments 25 and 26.

Opposition Amendment 88

Clause 3, page 3, line 34, at end insert—
“(3A) The Chief Appeals Officer must, for each financial year, publish—
(a) the number of applications for permission to appeal to the Upper Tribunal against decisions of the IIAA, and the number of such applications granted;
(b) the number and proportion of decisions of the IIAA set aside by the Upper Tribunal; and
(c) the number of decisions reviewed under section 6, and the outcome of those reviews.”

This probing amendment would require the IIAA to publish annual data on the quality of its decisions, including data on onward appeals, decisions set aside by the Upper Tribunal and internal reviews.

Opposition Amendment 63

Clause 4, page 4, line 21, leave out “have regard to the desirability of” and insert “do so with a view to”

This amendment would make the requirements relating to the IIAA Procedure Board equivalent to those of the Tribunal Procedure Committee when exercising its power to make rules.

Government Amendment 28

Schedule 3, page 65, line 28, leave out sub-paragraph (2)

This amendment is consequential on amendment 36.

Opposition Amendment 68

Schedule 3, page 66, line 3, at end insert—
“(4) The Rules must make provision that when the IIAA reviews a decision, any adjudicator involved in the initial decision may not be involved in any review of that decision.”

This amendment would ensure that an IIAA adjudicator may not be involved in any review of their own decisions.

Government Amendment 29

Schedule 3, page 67, line 6, at end insert—
(4A)The Rules must provide that where a person initiates an appeal or bail application the IIAA must give them information about how to obtain—
(a)advice from a qualified person about the appeal or application, and
(b)representation by a qualified person in proceedings relating to the appeal or application.”

This amendment requires IIAA Procedure Rules to provide that where a person initiates an appeal or bail application, the IIAA must give them information about how to obtain advice and representation from a qualified person.

Government Amendment 30

Schedule 3, page 67, line 25, leave out “or applicant for immigration bail”

This amendment, together with amendments 31, 33, 34 and 35, removes references to applicants for immigration bail from the provisions about what IIAA Procedure Rules may or must say about credibility. This would mean that bail applicants will be treated similarly whether their application is decided by the IIAA or the Secretary of State.

Government Amendment 31

Schedule 3, page 67, line 26, leave out “or applicant”

See the explanatory statement for amendment 30.

Government Amendment 32

Schedule 3, page 67, line 28, at end insert—
(2A)The Rules must make the provision described in sub-paragraph (3) about the credibility of an appellant who has been served with a claim notice under section 11 but where the proceedings are not subject to the late claims process (within the meaning of section 12).”

This amendment is consequential on NC3: it limits the application of paragraph 11(3) of Schedule 3 so that IIAA Procedure Rules are not required to make the same provision as made in the new clause inserted by NC3.

Government Amendment 33

Schedule 3, page 67, line 29, leave out from beginning to “of” in line 31 and insert “The provision is for an IIAA adjudicator to take account, as damaging the credibility of the appellant,”

See the explanatory statement for amendment 30. This amendment is also consequential on amendment 32.

Government Amendment 34

Schedule 3, page 67, line 32, leave out “or applicant”

See the explanatory statement for amendment 30.

Government Amendment 35

Schedule 3, page 67, line 37, leave out “or applicant for immigration bail”

See the explanatory statement for amendment 30.

Government Amendment 36

Clause 6, page 5, line 12, at end insert—
“(1A) The IIAA may undertake a review of a decision under this section only for the purposes of determining whether the decision contains an error of law.”

This amendment would mean that reviews under clause 6 may only be undertaken on the grounds of an error of law. Errors of fact may be dealt with under IIAA Procedure Rules made under paragraph 17 of Schedule 3.

Opposition Amendment 86

Page 5, line 22, leave out Clause 7

Opposition Amendment 89

Clause 8, page 6, line 32, at end insert—
“(8) The first regulations under subsection (1) must be made before the end of the period of six months beginning with the day on which section 1 comes into force.
(9) The annual report of the IIAA must state the proportion of proceedings in which a time period set out in regulations under this section was extended.”

This probing amendment would require the first time-period regulations to be made within six months of the IIAA being established, and the IIAA to report how often deadlines are extended.

Opposition Amendment 83

Clause 8, page 6, line 32, leave out “the IIAA” and insert “individuals and organisations with an interest in how the IIAA operates, including—
(a) the IIAA,
(b) people granted protection status,
(c) people with lived experience of the asylum system,
(d) legal practitioners and organisations representing the interests of people with, or seeking, protection status, and
(e) such other persons as the Secretary of State considers appropriate.”

This amendment would expand the list of those whom the Secretary of State must consult before making regulations about time periods for IIAA proceedings to include people and organisations with experience of the immigration system.

Government Amendment 37

Clause 9, page 7, line 21, at end insert—
“(7) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3 (exercise of power to grant immigration bail), in sub-paragraph (2), after paragraph (e) insert—
“(eza) whether any proceedings before the IIAA relating to the person are being expedited pursuant to a request by the Secretary of State under section 9 of the Immigration and Asylum Act 2026,”

This amendment would mean that, in considering whether to grant immigration bail, the decision-maker must have regard to whether the applicant’s proceedings were being expedited pursuant to clause 9 of the Bill (as well as whether the late claims process applies: see clause 12(3)).

Opposition Amendment 90

Clause 9, page 7, line 21, at end insert—
“(7) The IIAA must expedite any appeal brought by a person who—
(a) is liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971, and
(b) has been convicted of an offence in the United Kingdom or elsewhere,
and subsection (3) applies in relation to such an appeal as if the Secretary of State had made an expedition request.”

This amendment would require the IIAA to expedite appeals brought by foreign criminals liable to deportation rather than leaving expedition to a discretionary request by the Home Secretary.

Opposition Amendment 91

Clause 11, page 8, line 37, at end insert—
“(7A) Where the recipient of a claim notice provides any reasons or grounds after the claim notice deadline, those reasons or grounds may not be relied on in any appeal before the IIAA or the Upper Tribunal unless the IIAA is satisfied that they arise from a material change of circumstances occurring after the claim notice deadline.”

This amendment would require people served with a claim notice to raise all their grounds by the deadline, so that grounds raised later could not be relied on in an appeal unless they arise from a material change of circumstances.

Government Amendment 38

Clause 11, page 9, line 10, at end insert—
“(aa) section 19(2) (statements about credibility required by First-tier Tribunal and SIAC);”

This amendment would repeal section 19(2) of the Nationality and Borders Act 2022, which makes provision very similar to that required by the new clauses inserted by NC3 and NC4.

Government Amendment 39

Clause 12, page 9, line 22, after “any” insert “immigration”

This amendment, and amendment 42, would mean that the late claims process would not apply where a person provided only modern slavery information (rather than immigration information) in response to a claim notice after the deadline and at a time when they were in immigration detention or had been given a notice of departure details.

Government Amendment 40

Clause 12, page 9, line 35, leave out “(e)” and insert “(eza) (inserted by section 9)”

This amendment is consequential on amendment 37.

Government Amendment 41

Clause 12, page 9, line 37, leave out “the Immigration and Asylum Act 2026” and insert “that Act”

This amendment is consequential on amendment 37.

Government Amendment 42

Clause 12, page 10, line 4, at end insert—
““immigration information” means—
(a) information within paragraphs (a), (b) or (c) of subsection (2) of section 11;
(b) information within paragraph (e) of subsection (2) of section 11 that consists of evidence in support of a matter mentioned in paragraph (a), (b) or (c) of that subsection;
(c) information required to be provided by a claim notice by reason of regulations under section 11(4);”

See the explanatory statement for amendment 39.

Opposition Amendment 92

Clause 13, page 10, line 33, at end insert—
“(d) the proportion of decisions of the IIAA set aside on appeal to the Upper Tribunal;
(e) the number of persons removed from the United Kingdom following the dismissal of an appeal by the IIAA.”

This probing amendment would require the Chief Inspector’s reports on the IIAA to cover the outcomes of its work – decisions set aside on appeal and removals after dismissed appeals – as well as process.

Opposition Amendment 93

Clause 15, page 12, line 32, after “force” insert “, but no later than three years after the day on which section 1 comes into force,”

This probing amendment would limit the Home Secretary’s power to route appeals to the First-tier Tribunal to the first three years after the IIAA is established, so that the transition cannot run indefinitely.

Government Amendment 43

Clause 15, page 13, line 2, at end insert—
“(4) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedural Rules in connection with regulations made by the Secretary of State under this section.
(5) Before making rules under subsection (4), the Lord Chancellor must consult the Senior President of Tribunals.
(6) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment would give the Lord Chancellor the power to amend Tribunal Procedure Rules in connection with regulations under clause 15 transferring cases back to the First-Tier Tribunal from the IIAA. (See also amendment 46.)

Opposition Amendment 94

Clause 17, page 14, line 8, at end insert “, provided that the Secretary of State may only designate a place by regulations made by statutory instrument and that such a statutory instrument may only be made if a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

This amendment would require the place at which sponsor human rights claims may be made to be set by regulations subject to the affirmative procedure.

Opposition Amendment 112

Clause 17, page 14, line 11, at end insert—
“(e) after subsection (1A) insert—
“(1B) Where a person makes a sponsor human rights claim, the Secretary of State must carry out safeguarding checks in relation to that person before determining the claim.
(1C) The safeguarding checks under subsection (1B) must establish, so far as reasonably practicable, whether the person making the sponsor human rights claim—
(a) has been convicted of an offence involving domestic abuse, stalking, sexual offending or forced marriage;
(b) is subject to a relevant protective order relating to domestic abuse, stalking, sexual offending or forced marriage;
(c) has been the subject of a finding by a court or other competent authority of conduct involving domestic abuse, stalking, sexual offending or forced marriage; or
(d) has previously been the subject of an immigration decision in which concerns relating to forced marriage, abuse or the genuineness of a family relationship were material.
(1D) Where information falling within subsection (1C) is identified, the Secretary of State must take that information into account when determining the sponsor human rights claim and any decision relating to the family member to whom the claim relates.
(1E) The Secretary of State must consider whether the information identified under subsection (1C) indicates that the admission of the family member to the United Kingdom would give rise to a safeguarding risk to—
(a) the family member;
(b) any child affected by the decision; or
(c) any other person who may reasonably be expected to be at risk as a result of the admission.””

Opposition Amendment 95

Clause 17, page 14, line 15, leave out subsection (3)

This amendment would remove the exemption of sponsor human rights claims from the inadmissibility provisions in section 80A of the Nationality, Immigration and Asylum Act 2002, to test why such claims should be treated more favourably than other human rights claims.

Opposition Amendment 96

Clause 17, page 14, line 33, leave out subsection (6)

This amendment would allow sponsor human rights claims to be certified as clearly unfounded under section 94(3) of the Nationality, Immigration and Asylum Act 2002, in the same way as other human rights claims.

Opposition Amendment 97

Clause 17, page 15, line 4, at end insert—
“(8) In section 82 (right of appeal to the Tribunal), after subsection (1) insert—
“(1ZA) An appeal does not lie under subsection (1)(b) against a decision to refuse a sponsor human rights claim unless the family member to whom the claim relates would, if they lived with the person who made the claim, be a member of that person’s core cohabiting family within the meaning of section 117AA(2).””

This amendment would confine the new sponsor right of appeal to claims relating to a spouse, civil partner, partner or minor child (or, for a child sponsor, a parent), in line with the Government’s own definition of the core cohabiting family in clause 18.

Opposition Amendment 84

Page 13, line 27, leave out Clause 17

Opposition Amendment 98

Clause 18, page 15, line 14, leave out from “must” to end of line 16 and insert “must determine that question in accordance with section 117AA.”

This amendment would require courts and tribunals to decide whether Article 8 is engaged in accordance with new section 117AA, rather than only to have regard to it.

Opposition Amendment 99

Clause 18, page 15, line 21, leave out “normally”

This amendment, with Amendments 101 and 102, would remove the word “normally” from new section 117AA so that family life for the purposes of Article 8 is limited to the core cohabiting family and the other relationships specified, without an open-ended qualification.

Opposition Amendment 100

Clause 18, page 15, line 25, after “partner” insert “(but only where A and the partner have lived together in a relationship akin to marriage or civil partnership for at least two years)”

This amendment would require a partner who is not a spouse or civil partner to have lived with the person in a relationship akin to marriage or civil partnership for at least two years to count as part of the core cohabiting family.

Government Amendment 44

Clause 18, page 15, line 29, leave out “with whom A does not live,”

This amendment would remove the words “with whom A does not live” so as to make it clear that the test of whether a parent has a genuine and subsisting relationship with their child for the purposes of establishing family life also applies where the parent and child are cohabiting.

Opposition Amendment 101

Clause 18, page 15, line 31, leave out “normally”

This amendment is consequential on Amendment 99.

Government Amendment 45

Clause 18, page 15, line 32, at end insert—
“(3A) In determining whether A has a genuine and subsisting parental relationship with B, the considerations to be taken into account include—
(a) the nature of the contact between A and B,
(b) the duration and frequency of the contact between A and B, and
(c) whether the contact between A and B (including cohabitation) has recently been established or re-established.”

This amendment would provide a steer to decision-makers on how to determine, for the purposes of deciding whether family life exists, whether a parent and child have a genuine and subsisting parental relationship, based on the nature, duration and frequency of contact and how recently it has been established.

Opposition Amendment 102

Clause 18, page 15, line 34, leave out “normally”

This amendment is consequential on Amendment 99.

Opposition Amendment 103

Clause 18, page 16, line 17, leave out subsection (6)

This amendment would remove the provision allowing the factors excluded by new section 117AA(5) to be considered at the public interest stage, to test whether subsection (6) undoes the effect of subsection (5).

Opposition Amendment 55

Page 15, line 5, leave out Clause 18

Opposition Amendment 61

Clause 19, page 17, line 1, at end insert—
“(3AB) It is in the public interest, and in particular in the interests of the elimination of violence against women and girls, that due regard be given to circumstances arising from a person who seeks to enter or remain in the United Kingdom being a victim of violence against women and girls, including domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021).”

This amendment inserts a new public interest consideration into section 117B of the Nationality, Immigration and Asylum Act 2002, requiring a court or tribunal to take into consideration the effects of violence against women and girls when deciding whether an interference with a person’s Article 8 rights is justified.

Opposition Amendment 104

Clause 19, page 17, line 1, at end insert—
“(3B) In determining for the purposes of subsection (3A)(c) whether a person is of good character, the court or tribunal must apply the guidance issued by the Secretary of State for the purposes of the good character requirement in paragraph 1(1)(b) of Schedule 1 to the British Nationality Act 1981, as that guidance has effect from time to time.”

This amendment would require the new “good character” consideration to be applied in the same way as the good character requirement for naturalisation as a British citizen.

Opposition Amendment 105

Clause 19, page 17, line 3, leave out “should” and insert “must”

This amendment would require, rather than advise, that no weight is given to private or family life established while a person is in the United Kingdom unlawfully, with leave obtained by deception or in serious breach of their conditions.

Opposition Amendment 106

Clause 19, page 17, line 7, leave out “serious”

This probing amendment would apply the “no weight” rule to private or family life established while a person is in any form of breach of a condition of their leave, not just a ‘serious’ breach.

Opposition Amendment 56

Page 16, line 22, leave out Clause 19

Opposition Amendment 107

Clause 20, page 18, line 13, at end insert—
“(3A) Where a person has been sentenced to a period of imprisonment of at least four years—
(a) the first and second sets of exceptional circumstances do not apply, and
(b) the third set of exceptional circumstances applies only where there are very compelling circumstances over and above those described in subsections (4) and (5).”

This amendment would restore the current rule that a foreign national sentenced to four years or more cannot resist deportation by relying on the long-residence or “unduly harsh” exceptions and must show very compelling circumstances over and above them.

Opposition Amendment 108

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.

Opposition Amendment 109

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).

Opposition Amendment 110

Clause 20, page 18, line 35, 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.

Opposition Amendment 111

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.

Opposition Amendment 75

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.

None 51

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.

None 52

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.

None 53

Clause 21, page 19, line 39, 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.

None 54

Clause 21, page 19, line 39, 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.

Opposition Amendment 74

Clause 21, page 19, line 39, 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.”

Opposition Amendment 81

Clause 23, page 21, line 33, at end insert—
“(3A) Subject to subsection (3B), where the Secretary of State did not make a decision on a person’s protection claim within 180 days of the making of the protection claim, any sums to be paid by the person under subsection (3) must be reduced by 20% for every period of 30 days that elapsed before a decision on the person’s protection claim was made.
(3B) Subsection 3A does not apply where a decision on the protection claim was not made within 180 days of the claim being made due to the actions of the applicant.
(3C) For the purposes of subsection (3A), “protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.”

This amendment would reduce the level of payments required from a person by 20% for every 30 days longer than six months that passed before a decision was made on the person’s asylum claim.

Opposition Amendment 76

Clause 23, page 22, line 6, leave out from “without” to end of line 7 and insert “them or their household becoming impoverished.
(5A) For the purposes of subsection (5), a person or household is impoverished if its equivalised net income for the relevant financial year is less than 60% of median equivalised net household income for that financial year.”

This amendment would amend the provision relating to repayment of asylum support so that people would not be required to make payments if doing so would leave them, or their household, impoverished (defined as having an equivalised net income of less than 60% of the median).

Opposition Amendment 79

Clause 23, page 22, line 7, at end insert—
“(5A) Regulations under subsection (4) must include provision to ensure that a person is not required to make payments in excess of the cost of the support provided to them while in receipt of asylum support.”

This amendment would ensure that an individual would not be liable to repay amounts above the actual cost of the support they received.

Opposition Amendment 77

Clause 23, page 22, line 9, leave out “18 at all times” and insert “21 at any time”

This amendment would extend the exemption for repaying asylum support from any person who was under the age of 18 at all times they were in receipt of support to any person who was under the age of 21 at any time they were in receipt of support.

None 50

Clause 23, page 22, line 9, leave out “all times” and insert “any time”

This amendment would exempt from being required to make payments to the Secretary of State any persons who were, at any point, under 18 years of age during the time they received asylum support.

Opposition Amendment 78

Clause 23, page 22, line 9, at end insert—
“(aa) were over the age of retirement at the time they ceased to be an asylum seeker (within the meaning given by section 94 of the Immigration and Asylum Act 1999),
(ab) have received a positive conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022),
(ac) are a survivor of sexual or gender-based violence, or have been a victim of domestic abuse (within the meaning of Part 1 of the Domestic Abuse Act 2021)
(ad) are an individual who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence,”

This amendment would add people over retirement age and victims of modern slavery, domestic abuse, or serious sexual or physical violence to the list of people who would be exempted from repaying any asylum support they received.

Opposition Amendment 82

Clause 23, page 22, line 9, at end insert—
“(aa) were granted leave to remain in the United Kingdom following an appeal by the person against the Secretary of State’s decision to refuse a protection claim.”

This amendment would exempt from the requirement to make payments under Clause 23 anyone who is granted protection following a successful appeal.

Opposition Amendment 80

Clause 24, page 23, line 3, at end insert—
“(7A) The Secretary of State must cancel the liability of any person to make payments required under section 23 when one of the following occurs—
(a) the person dies;
(b) the person receives a disability-related benefit and because of the disability is permanently unfit for work;
(c) the person reaches the age of 65; or
(d) the tenth anniversary of the date on which the person stopped receiving asylum support (as defined in section 23(2)).”

This amendment would set out circumstances in which the liability for making payments for asylum support received would cease to apply: the death of the person; the person turning 65; the person being permanently unfit for work; the tenth anniversary of the person stopping receiving asylum support.

Opposition Amendment 57

Page 37, line 24, leave out Clause 36

Opposition Amendment 58

Page 39, line 1, leave out Clause 37

Opposition Amendment 59

Page 40, line 5, leave out Clause 38

Opposition Amendment 60

Page 43, line 11, leave out Clause 39

Opposition Amendment 70

Clause 43, page 45, line 1, leave out subsection (3)

This amendment would remove the provision which enables the Secretary of State to override an assessment that a potential victim of slavery or trafficking requires assistance and support.

Opposition Amendment 71

Clause 43, page 45, line 4, at end insert—
“(3A) In considering whether assistance and support is necessary, the Secretary of State or an authorised person must have regard to—
(a) the best interests of the person receiving such assistance and support and of any children dependent on that person;
(b) the need to ensure that assistance and support is provided on the basis of the individual needs of the person receiving it; and
(c) the need to act in a way which is compatible with the Council of Europe Convention on Action against Trafficking in Human Beings and the European Convention on Human Rights.”

This amendment would require parties considering whether a potential victim of slavery or trafficking requires assistance and support to consider the best interests of the person (and any dependent children) and to comply with the Convention on Action against Trafficking in Human Beings and the ECHR.

Opposition Amendment 72

Clause 43, page 45, line 6, leave out “do not apply in relation to a child” and insert “apply in relation to a child, and any necessary assistance and support must be provided in a manner that is age-appropriate, trauma-informed and consistent with the best interests of the child.
(4B) Nothing in this section prevents a local authority or any other public authority from discharging duties owed to a child under any other enactment, and the existence of such duties does not relieve the Secretary of State of the duties imposed by this section.”

This amendment would assert that the requirement to provide assistance and support to potential victims of slavery or trafficking does apply to child victims, regardless of whether the child would be otherwise supported by a local or other public authority.

Opposition Amendment 73

Clause 43, page 45, line 18, at end insert—
“(5A) After subsection (6), insert—
“(6A) The Secretary of State must—
(a) ensure that adequate funding and resources are provided to local authorities for the purpose of ensuring that potential victims who are children receive assistance and support which is—
(i) compliant with the obligations of the United Kingdom under Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(ii) at least equivalent in nature and extent to that which would be provided to a potential victim who is an adult under this section.
(b) within 12 months of the passing of the Immigration and Asylum Act 2026 and annually thereafter, lay before Parliament a report setting out—
(i) the funding provided to local authorities for the purpose of supporting potential victims who are children,
(ii) an assessment of whether such funding is sufficient to enable compliance with Article 12 of the Council of Europe Convention on Action against Trafficking in Human Beings, and
(iii) the number of potential victims who are children who have not received assistance and support equivalent to that which would have been provided under this section to a potential victim who is an adult.””

This amendment would require the Secretary of State to ensure that sufficient funding is provided to local authorities to support child victims of slavery and trafficking, and to report annually on the provision and adequacy of such funding.

Government Amendment NC1

To move the following Clause—
“Enforcement
(1) A sum payable in pursuance of a decision of the IIAA is recoverable in England and Wales as if it were payable under an order of the county court.
(2) A sum payable in pursuance of a decision of the IIAA may be enforced in Scotland in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(3) A sum payable in pursuance of a decision of the IIAA is recoverable in Northern Ireland as if it were payable under an order of the county court.
(4) Where action is taken under this section for the recovery of a sum payable in pursuance of a decision of the IIAA, the decision—
(a) in relation to England and Wales, is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court;
(b) in relation to Northern Ireland, is to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.
(5) IIAA Procedure Rules may provide for any or all of subsections (1) to (4)—
(a) to apply only in relation to sums of a description specified in the Rules, or
(b) not to apply except in relation to sums of a description specified in the Rules.”

This new clause would insert a new clause, to go after clause 10, which makes provision about the enforcement of the payment of any sums required to be paid by virtue of decisions of the IIAA.

Government Amendment NC2

To move the following Clause—
“Increasing the availability of IIAA advice and IIAA representation
(1) The Secretary of State may take such steps as the Secretary of State considers appropriate to increase the general availability of IIAA advice and IIAA representation.
(2) The power under subsection (1) may, in particular, be used to provide financial or other assistance (subject to any conditions the Secretary of State considers appropriate)—
(a) for persons undertaking education or training;
(b) for persons providing education, training or accreditation;
(c) for persons who provide IIAA advice or IIAA representation.
(3) In this section—
“IIAA advice” means advice from a qualified person about an appeal or bail application that has been or may be made to the IIAA;
“IIAA representation” means representation by a qualified person in proceedings before the IIAA;
“qualified person” means a person who is qualified for the purposes of section 84 of the Immigration and Asylum Act 1999.”

This new clause authorises the Secretary of State to take steps to increase the general availability of advice and representation for persons who make an appeal or bail application to the IIAA. The new clause would be inserted after clause 10.

Government Amendment NC3

To move the following Clause—
“Late claims process: credibility
(1) This section applies to proceedings that are subject to the late claims process (see section 12).
(2) In determining whether to believe a statement made by or on behalf of the appellant, an IIAA adjudicator must take account, as damaging the appellant’s credibility, of the fact that they provided late information.
(3) But if the IIAA adjudicator considers that there are good reasons why the appellant provided the information late, the adjudicator may decide that subsection (2)—
(a) applies to a lesser extent than it would if there were no good reasons, or
(b) does not apply at all.
(4) If in the course of the proceedings the appellant provides late evidence, an IIAA adjudicator must take that fact into account, as damaging the appellant’s credibility.
(5) But if the IIAA adjudicator considers that there are good reasons to do so, they may decide that subsection (4)—
(a) applies to a lesser extent than it otherwise would, or
(b) does not apply at all.
(6) The IIAA adjudicator must include, as part of their reasons for a decision that disposes of the proceedings, a statement explaining—
(a) how the adjudicator has applied subsection (2), and in particular—
(i) the extent to which they decided that the appellant’s credibility was damaged by the provision of late information,
(ii) the impact any credibility damage had on the determination of the appeal, and
(iii) if the appellant provided reasons for the provision of late information, what those reasons were and how they affected the application of subsection (2);
(b) whether the adjudicator has applied subsection (4), and in particular—
(i) whether the appellant provided late evidence and if so what that evidence was,
(ii) the extent to which the adjudicator decided that the appellant’s credibility was damaged by the provision of late evidence,
(iii) the impact any credibility damage had on the determination of the appeal, and
(iv) if the adjudicator considered that there were good reasons as mentioned in subsection (5), what those reasons were and how they affected the application of subsection (4).
(7) In this section—
“late evidence” means evidence provided to the IIAA after any deadline imposed in relation to the evidence by or under IIAA Procedure Rules;
“late information” means immigration information provided by the recipient of a claim notice in response to the notice—
(a) after the claim notice deadline, and
(b) at a time when the recipient was detained or had been given a notice of departure details as mentioned in section 12(1)(a) or (b);
“immigration information” has the meaning given in section 12;
“claim notice” and “claim notice deadline” have the meanings given in section 11.”

This new clause would insert a new clause, to go after clause 12, providing that, where proceedings are subject to the late claims process (see clause 12), the appellant’s credibility is damaged. And if such an appellant provides evidence late, their credibility is damaged further. It also requires IIAA adjudicators to make a statement about the application of this section.

Government Amendment NC4

To move the following Clause—
“Late information etc: proceedings before the Special Immigration Appeals Commission
In the Special Immigration Appeals Commission Act 1997, after section 2 insert—
“2ZA Provision of late information etc: effect on credibility
(1) This section applies where an appellant in proceedings before the Special Immigration Appeals Commission under section 2—
(a) has been served with a claim notice, and
(b) has provided any immigration information in response to the notice after the claim notice deadline—
(i) at a time when they are detained under a relevant detention provision, or
(ii) at any time after they have been given a notice of departure details.
(2) In determining whether to believe a statement made by or on behalf of the appellant, the Commission must take account, as damaging the appellant’s credibility, of the fact that they provided late information.
(3) But if the Commission considers that there are good reasons why the appellant provided the information late, the Commission may decide that subsection (2)—
(a) applies to a lesser extent than it would if there were no good reasons, or
(b) does not apply at all.
(4) If in the course of the proceedings the appellant provides late evidence, the Commission must take that fact into account, as damaging the appellant’s credibility.
(5) But if the Commission considers that there are good reasons to do so, it may decide that subsection (4)—
(a) applies to a lesser extent than it otherwise would, or
(b) does not apply at all.
(6) The Commission must include, as part of its reasons for a decision that disposes of the proceedings, a statement explaining—
(a) how the Commission has applied subsection (2), and in particular—
(i) the extent to which it decided that the appellant’s credibility was damaged by the provision of late information,
(ii) the impact any credibility damage had on the determination of the appeal, and
(iii) if the appellant provided reasons for the provision of late information, what those reasons were and how they affected the application of subsection (2);
(b) whether the Commission has applied subsection (4), and in particular—
(i) whether the appellant provided late evidence and if so what that evidence was,
(ii) the extent to which the Commission decided that the appellant’s credibility was damaged by the provision of late evidence,
(iii) the impact any credibility damage had on the determination of the appeal, and
(iv) if the Commission considered that there were good reasons as mentioned in subsection (5), what those reasons were and how they affected the application of subsection (4).
(7) In this section—
“claim notice” and “claim notice deadline” have the meanings given in section 11 of the Immigration and Asylum Act 2026;
“immigration information,” “notice of departure details” and “relevant detention provision” have the same meanings as in section 12 of that Act;
“late evidence” means evidence provided to the Commission after any deadline imposed in relation to the evidence by or under rules under section 5;
“late information” means information provided by the recipient of a claim notice in response to the notice—
(a) after the claim notice deadline, and
(b) at a time when the recipient was detained or had been given a notice of departure details as mentioned in subsection (1)(b);””

This new clause would add a new clause making similar provision for proceedings before the Special Immigration Appeals Commission to that made by the new clause inserted by NC3 . It would be inserted into the Bill after the new clause inserted by NC3.

Government Amendment NC5

To move the following Clause—
“Liability to deportation of certain residents despite section 7 of the Immigration Act 1971
In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), after subsection (1) insert—
“(1A) But the Secretary of State may decide that, despite subsection (1)(b), a person to whom subsection (1)(b) applies is liable to deportation (and may accordingly make a deportation order against them under section 5) if the Secretary of State—
(a) has deprived the person of citizenship status under section 40(2) of the British Nationality Act 1981 (deprivation where conducive to public good), or
(b) is satisfied that the person has engaged in behaviour that would render them liable to deprivation of citizenship status under section 40(2) of that Act (whether or not they have such status).
(1B) A decision under subsection (1A) must be taken personally by the Secretary of State.
(1C) The Secretary of State may make a decision under subsection (1A) where the person—
(a) was deprived of citizenship status, or
(b) engaged in behaviour that would render them liable to deprivation of citizenship status,
before subsection (1A) came into force.””

This new clause, to be inserted after clause 49, would enable the Secretary of State to override the exemption from deportation in s.7(1)(b) of the Immigration Act 1971 for certain Commonwealth and Irish citizens where they have behaved in a way that would render them liable to citizenship deprivation.

None NC6

To move the following Clause—
“Negotiations on UK participation in the EU Migration and Asylum Pact
(1) The Secretary of State must, within three months of the passing of this Act, commence negotiations with the European Union and any such other relevant authority with a view to the United Kingdom’s entry into the European Union’s Pact on Migration and Asylum.
(2) The Secretary of State must lay before Parliament a report on the progress of negotiations under subsection (1)—
(a) within one month of their commencement, and
(b) every six months thereafter until negotiations conclude.”

This new clause would require the Government to open negotiations with the EU on UK participation in the EU's Migration and Asylum Pact.

None NC7

To move the following Clause—
“Cost-benefit analysis: immigration and asylum agreements
(1) The Secretary of State must, in respect of each relevant period, conduct and publish a cost-benefit analysis of each bilateral immigration and asylum agreement or arrangement in force between the United Kingdom and a foreign state.
(2) A cost-benefit analysis published under subsection (1) must include, in respect of each agreement or arrangement—
(a) an assessment of all financial costs incurred by the United Kingdom in operating and maintaining the arrangement during the relevant period;
(b) an assessment of the outcomes achieved under the arrangement, including quantifiable operational metrics; and
(c) a comparative assessment comparing the costs and outcomes identified under paragraphs (a) and (b) against the estimated financial costs and operational outcomes of the United Kingdom participating in the European Union Migration and Asylum Pact.
(3) Each cost-benefit analysis published under subsection (1) must be laid before Parliament no later than three months after the end of the relevant period to which it relates.
(4) In this section, “relevant period” means—
(a) the period of 12 months beginning with the day on which this Act receives Royal Assent; and
(b) each subsequent period of 12 months.”

This new clause would require the Government to conduct an annual cost-benefit analysis of the UK’s bilateral immigration and asylum agreements and arrangements. The assessment would consider the costs and outcomes of each arrangement against the cost of the UK’s participation with the EU Migration and Asylum Pact.

None NC8

To move the following Clause—
“Establishment of Department for Immigration and Border Security
(1) The Prime Minister must, within six months of the passing of this Act, establish by an Order in Council a new department to be called the Department for Immigration and Border Security.
(2) Such functions as relate to immigration, asylum and border security as are currently exercised by the Secretary of State for the Home Department must be transferred and subsequently exercised by the Secretary of State for Immigration and Border Security.”

This new clause would establish a new Department for Immigration and Border Security, and transfer the immigration, asylum and border security functions of the Home Secretary to that office.

None NC9

To move the following Clause—
“Refugees: Anti-Homelessness Taskforce
(1) The Secretary of State must, within three months of the passing of this Act, establish a taskforce ("the Taskforce") to prevent homelessness among asylum seekers and refugees.
(2) The purpose of the Taskforce is the elimination of homelessness among asylum seekers and refugees in the United Kingdom.
(3) The Taskforce must include representatives of—
(a) the Home Office;
(b) the Department for Work and Pensions;
(c) local authorities;
(d) non-governmental organisations with experience of or expertise in working with and supporting asylum seekers; and
(e) such other persons as the Secretary of State considers appropriate.
(4) For the purposes of seeking to prevent homelessness among asylum seekers and refugees, the Taskforce must—
(a) work to ensure that the work of different services involved in facilitating the transition out of asylum support of asylum seekers and refugees is coordinated;
(b) work to ensure that asylum seekers and refugees granted core protection status are promptly provided with essential documents;
(c) develop and oversee arrangements for the early identification of persons at risk of homelessness following the grant of protection status; and
(d) keep under review the appropriateness of the length of the period during which a person may occupy asylum accommodation following a grant of refugee status or humanitarian protection ("the move-on period"), including by considering evidence on the extent to which persons are successfully moving into work and settled accommodation within that period.
(5) The Secretary of State must, no later than twelve months after the establishment of the Taskforce, and annually thereafter, lay before Parliament a report on—
(a) the work of the Taskforce;
(b) the evidence considered under subsection (4)(d) on the move-on period, and any recommendations made by the Taskforce; and
(c) any changes made, or proposed to be made, to the move-on period or to related policy as a result of the work of the Taskforce.
(6) In this section,
“asylum accommodation” means accommodation provided under sections 4, 95 and 98 of the Immigration and Asylum Act 1999.”

This new clause would require the Secretary of State to establish a cross-departmental taskforce, whose stated aim is preventing homelessness among asylum seekers and refugees.

None NC10

To move the following Clause—
“Removal of restrictions on asylum seekers engaging in employment
(1) The Secretary of State must, within three months of the date on which this Act is passed, lay before Parliament a statement of changes to the immigration rules for the purposes of making provision for asylum applicants to take up employment while their application is being determined where it has been over three months since the application was made and no decision has been made.
(2) For the purposes of this section, the “immigration rules” mean any statement of rules, or any changes to such rules, presented to Parliament pursuant to section 3(2) of the Immigration Act 1971.”

This new clause would require the Secretary of State to make changes to the Immigration Rules to enable asylum seekers to take up employment, if it has been over three months since they applied.

None NC11

To move the following Clause—
“Refugee family reunion
(1) The Secretary of State must, within six months of the date on which this Act is passed, lay before Parliament a statement of changes to the immigration rules for the purposes of making provision for refugee family reunion in accordance with this section.
(2) Any changes to the immigration rules included in any statement laid before Parliament under subsection (1) must come into effect after 21 days.
(3) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with such persons as the Secretary of State deems appropriate.
(4) A statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.
(5) In this section—
the
“immigration rules” mean any statement of rules, or any changes to such rules, presented to Parliament pursuant to section 3(2) of the Immigration Act 1971;
“refugee status” and
“humanitarian protection” have the same meaning as in the immigration rules;
“family members” include—
(a) a person's parent, including an adoptive parent;
(b) a person's spouse, civil partner or unmarried partner;
(c) a person's child, including an adopted child, who is either—
(i) under the age of 18, or
(ii) under the age of 25 but who was under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;
(d) a person's sibling, including adoptive sibling, who is either—
(i) under the age of 18, or
(ii) under the age of 25 but who was under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and
(e) such other persons as the Secretary of State may determine, having regard to—
(i) the importance of maintaining family unity,
(ii) the best interests of a child, read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child,
(iii) physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,
(iv) risks to the physical, emotional or psychological wellbeing of a person granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or
(v) such other matters as the Secretary of State considers appropriate;
“adopted” and
“adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules.”

This new clause would require the Secretary of State to make changes to the Immigration Rules to make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

None NC12

To move the following Clause—
“Independent Immigration Appeals Authority: commencement
(1) The Secretary of State may not make regulations under section 52(1) for the purposes of bringing Part 1 of this Act into force unless—
(a) the Secretary of State has laid before Parliament a report into the establishment of the Independent Immigration Appeals Authority (IIAA), and
(b) a statutory instrument containing regulations for the commencement of sections 1 to 7 of this Act has been laid before and approved by a resolution of each House of Parliament.
(2) A report under subsection (1)(a) must contain—
(a) the full cost of establishing and operating the IIAA, including transition and set-up costs, adjudicator recruitment and training costs, and ongoing annual administrative costs for at least the first five years of operation, with a comparison to the equivalent cost of operating the First-tier Tribunal (Immigration and Asylum Chamber) ("the Tribunal");
(b) the date, or expected range of dates, on which each stage of commencement is expected to take effect, including the length of any period in which the IIAA and the Tribunal will operate in parallel and the date by which the full transfer of jurisdiction from the Tribunal to the IIAA is expected to be complete;
(c) the expected capacity of the IIAA, including the number of adjudicators expected to be appointed at each stage of commencement and the number of appeals the IIAA is expected to be capable of determining per year at each such stage.”

This new clause would require the Secretary of State to publish a report on the full costs of the IIAA, its expected commencement timetable and its expected capacity before the implementation of Part 1 of this Act.

None NC13

To move the following Clause—
“Duty to publish Home Office appeal data
(1) Within 60 days of the passing of this Act, the Secretary of State must publish Home Office appeal statistics for each quarterly period commencing from March 2023.
(2) The Secretary of State must thereafter take steps to ensure the publication of Home Office appeal statistics on a quarterly basis in line with established statistical releases.
(3) Where Home Office appeal statistics are not published at the expected or intended time, the Secretary of State must make a statement in Parliament explaining the reason for the lack of publication.
(4) Statistics published under subsections (1) and (2) must include the following information—
(a) the number of asylum appeals lodged at the First-tier Tribunal, by the nationality, world region and sex of the appellant;
(b) the number of asylum appeals determined at the First-tier Tribunal, by the nationality, world region and sex of the appellant; and
(c) for each determined appeal, whether it was allowed, dismissed or withdrawn.”

This new clause would require the Secretary of State to publish Home Office appeal statistics since March 2023 and provide for their ongoing quarterly publication.

None NC14

To move the following Clause—
“Publication of asylum appeals statistics
(1) The Secretary of State must publish—
(a) within 60 days of the passing of this Act, statistics relating to appeals before the First-tier Tribunal between March 2023 and the passing of this Act in respect of appeals against decisions of the Secretary of State relating to asylum claims;
(b) between the passing of this Act and the commencement of operation of the Independent Immigration Appeals Authority, quarterly statistics, in line with established statistical releases, relating to appeals before the First-tier Tribunal in respect of appeals against decisions of the Secretary of State relating to asylum claims;
(c) following the commencement of operation of the Independent Immigration Appeals Authority (IIAA), statistics relating to appeals before the Upper Tribunal in respect of appeals against decisions of the IIAA relating to asylum claims.
(2) Where any appeal statistics required by this section are not published at the expected or intended time, the Secretary of State must make a statement in Parliament explaining the reason for the lack of publication.
(3) Statistics published under subsection (1) must include—
(a) the number of asylum appeals lodged, by the nationality, world region and sex of the appellant;
(b) the number of asylum appeals determined or otherwise concluded, by the nationality, world region and sex of the appellant; and
(c) for each asylum appeal determined or otherwise concluded, whether it was allowed, dismissed or withdrawn.”

This new clause would require the Secretary of State to publish a breakdown of the appeals against Home Office decisions on asylum claims since March 2023 and provide for their ongoing quarterly publication.

None NC15

To move the following Clause—
“Victims of slavery or human trafficking: protection from immigration offences
In section 52 of the Modern Slavery Act 2015 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), after subsection (2) insert—
“(2A) The Secretary of State must make such arrangements as they consider reasonable to ensure that, following a notification under this section, no information is shared with relevant persons or authorities for the purposes of those persons or authorities considering whether—
(a) the person has committed an offence under sections 24 to 26 of the Immigration Act 1971, or
(b) the person might otherwise meet the requirements for removal from the United Kingdom.
(2B) For the purposes of subsection (2A),
“relevant persons or authorities” include—
(a) a Minister of the Crown or a government department;
(b) an immigration officer;
(c) a customs official;
(d) a law enforcement officer;
(e) the Director of Border Revenue;
(f) the Border Security Commander;
(g) a UK authorised person; and
(h) the government of a country or territory outside the United Kingdom.””

This new clause would prevent any information being shared with immigration authorities and other public authorities following a notification about a suspected victim of slavery or human trafficking where that information might be used to consider whether the suspected victim has committed an immigration offence or may be liable to deportation.

None NC16

To move the following Clause—
“Duty to publish deadline for final implementation of White Paper reforms
(1) Within 30 days of the passing of this Act, the Secretary of State must lay before Parliament a statement setting out a final deadline and operational roadmap for the full implementation of the reforms outlined in the White Paper titled Restoring Control over the Immigration System (CP 1326).
(2) The statement laid under subsection (1) must specify—
(a) the final date by which all primary and secondary legislation required to give effect to the proposals included in the White Paper will be introduced or laid before Parliament;
(b) a schedule for any remaining public consultations or reviews by independent advisory bodies;
(c) the date by which revised Immigration Rules governing settlement, work routes, and enforcement mechanisms will come into full legal effect.
(3) If the Secretary of State fails to meet any deadline set out in the statement laid under subsection (1), the Secretary of State must lay before Parliament a report within 14 days of the missed deadline including—
(a) the reasons for the delay, and
(b) a revised deadline, which may not exceed 90 days from the original published deadline.”

This new clause would require the Secretary of State to lay before Parliament a roadmap and deadline for the full implementation of all statutory changes, rules, and secondary legislation proposed in the "Restoring Order and Control" White Paper.

None NC17

To move the following Clause—
“Cross-Governmental Integration Strategy
(1) The Secretary of State must, within 12 months of the passing of this Act, lay before Parliament a comprehensive cross-governmental integration strategy.
(2) An integration strategy published under subsection (1) must include and evaluate measures to address the impact of the core protection model on social cohesion, community stability, and successful immigrant integration.”

This new clause would require the Secretary of State to publish an integration strategy, as announced in the social cohesion action plan Protecting What Matters, and address in such a strategy the impacts of the core protection model on integration.

None NC18

To move the following Clause—
“Break Clause: Asylum Accommodation Contracts
(1) The Secretary of State must exercise the break clauses available under each Asylum Accommodation and Support Service Contract as soon as is reasonably practicable.
(2) In this section, "Asylum Accommodation and Support Services Contract" means any contract entered into by the Secretary of State for the provision of asylum accommodation and support services.”

This new clause would require the Secretary of State to exercise the break clause available under each Asylum Accommodation and Support Services Contract at the earliest opportunity.

None NC19

To move the following Clause—
“Humanitarian travel permit
(1) On an application for entry clearance made by a person (“P”) to an appropriate decisionmaker, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.
(2) For the purposes of subsection (1), P is a relevant person if—
(a) P intends to make a protection claim in the United Kingdom, and
(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success.
(3) In considering whether P’s protection claim would have a realistic prospect of success, the appropriate decision-maker must take into account—
(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;
(b) the strength of P’s family and other ties to the United Kingdom;
(c) P’s mental and physical health and the existence of any particular vulnerabilities; and
(d) any other matter that the decision-maker thinks relevant.
(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements specified in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.
(5) The requirements are—
(a) any requirement prescribed under section 50 of the Immigration, Asylum and Nationality Act 2006; and
(b) any requirement prescribed by regulations made under sections 5, 6, 7 or 8 of the UK Borders Act 2007.
(6) No fee may be charged for the making of an application under subsection (1).
(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.
(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.
(9) For the purposes of this section—
“appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);
“entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;
“protection claim” in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—
(a) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (“the Refugee Convention”);
(b) in relation to persons entitled to a grant of humanitarian protection; or
(c) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (“the European Convention on Human Rights”);
“persecution” is defined in accordance with the Refugee Convention; and
“serious harm” means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom's obligations under Article 2 or 3 of the European Convention on Human Rights.”

This new clause would create a new “humanitarian travel permit”.

None NC20

To move the following Clause—
“Resourcing for law enforcement agencies
(1) The Secretary of State must take steps to ensure that law enforcement agencies have sufficient resources to undertake their duties in relation to the prevention of modern slavery and human trafficking.
(2) For the purposes of subsection (1), the duties of law enforcement agencies include—
(a) any duties under this Act or the Modern Slavery Act 2015;
(b) the conducting of surveillance on and detection of networks involved in modern slavery and human trafficking;
(c) participation in Europol’s anti-trafficking operations.
(3) For the purposes of this section, “law enforcement agencies” include—
(a) the National Crime Agency,
(b) police forces in England and Wales, and
(c) the British Transport Police.”

This new clause would require the Secretary of State to ensure that law enforcement agencies have sufficient resources to undertake their duties in relation to the prevention of modern slavery and human trafficking, including by participating in Europol’s anti-trafficking operations.

None NC21

To move the following Clause—
“Council of Europe Convention on Action against Trafficking in Human Beings
The Secretary of State must—
(a) within six months of the passing of this Act, introduce legislation to ensure the United Kingdom’s full compliance with the 2009 Council of Europe Convention on Action against Trafficking in Human Beings; and
(b) within eighteen months of the passing of this Act, lay before Parliament a report on how the Government is ensuring full compliance with the Convention under this section.”

This new clause would require the Secretary of State to introduce legislation which ensure that the UK is compliant with the Council of Europe Convention on Action against Trafficking in Human Beings, and subsequently report on the UK’s compliance with the Convention.

Opposition Amendment NC22

To move the following Clause—
“Report on asylum decision-making
(1) The Secretary of State must, within 3 months of the passing of this Act, publish a report on decision making in relation to applications for asylum.
(2) A report published under this section must include—
(a) the average time taken for initial decisions on applications for asylum to be made over the last 12 months;
(b) the number of appeals made against decisions relating to applications for asylum;
(c) the outcome of appeals made against decisions relating to applications for asylum;
(d) the number of appeals withdrawn;
(e) data relating to the availability of legal advice to persons making applications for asylum or appeals against decisions relating to applications for asylum;
(f) data relating to the number of persons employed to make decisions on asylum applications and the steps taken to increase recruitment and retention of such decision-makers; and
(g) proposals for improving the system for making initial decisions, including by—
(i) increasing the percentage of initial decisions upheld by the First-tier Tribunal, the IIAA, and the Upper Tribunal; and
(ii) maintaining or reducing the time it takes for initial decisions to be made.
(3) A report published under this section must be laid before both Houses of Parliament.”

This new clause would require the Secretary of State to publish a report on decision making in relation to applications for asylum.

Opposition Amendment NC23

To move the following Clause—
“Safe reporting for victims of and witnesses to crime and exploitation
(1) Where an offence, or a suspected offence, is reported, no personal data relating to any victims of the offence, any witnesses of the offence, or any parties who reported the offence may be—
(a) provided to or shared with any party, or
(b) used by any party,
for immigration purposes.
(2) In section 20 of the Immigration and Asylum Act 1999, after subsection (1B) insert—
“(1C) This section does not apply to any information, documents or articles relating to a person which are held or have been obtained as a result of that person—
(a) being the victim of,
(b) being a witness to, or
(c) reporting,
any conduct which would constitute an offence.”
(3) For the purposes of this section—
“immigration purposes” means the investigation, detection or enforcement of an immigration offence, or the determination of whether a person has the right to enter, remain in or work in the United Kingdom; the reporting of an offence, or suspected offence, includes, but is not limited to—
(a) the provision of information in support of the investigation or prosecution of an offence; and
(b) the disclosure of information to a person providing health care or social care.”

This new clause would prevent the personal data of victims of, witnesses to, or reporters of offences being shared or used for immigration investigation, detection or enforcement purposes.

Opposition Amendment NC24

To move the following Clause—
“Right to work for asylum applicants where decisions not made within six months
(1) The Secretary of State must, within three months of the passing of this Act, make such changes to the Immigration Rules as may be necessary for the purposes of granting a person making an application for asylum, and any adult dependants of that person, the right to work in the United Kingdom where—
(a) a period of six months has elapsed from the day on which the person made an application for asylum, and
(b) the Secretary of State has not made a decision on the person’s application.
(2) A grant of the right to work under subsection (1) must—
(a) be granted without the need for an application by the person making the application for asylum or an adult dependant of that person;
(b) permit the person to take up employment or self-employment without restriction on occupation, skill level or salary;
(c) be on terms no less favourable than those that would apply to a person granted refugee status in the United Kingdom;
(d) persist until—
(i) the person’s claim has been finally determined, or until any right of appeal has been exhausted, or
(ii) the person otherwise ceases to be an applicant for asylum or an adult dependant of such a person; and
(e) be capable of being evidenced by documentation or a digital status which can be relied upon by an employer for the purposes of a right to work check.
(3) For the purposes of this section, “the Immigration Rules” mean rules laid before Parliament under section 3(2) of the Immigration Act 1971.”

This new clause would require the Secretary of State to grant applicants for asylum, and their adult dependants, the right to work where a decision has not been made on their application within six months.

Opposition Amendment NC25

To move the following Clause—
“Review of non-statutory first responder organisations
(1) The Secretary of State must, within three months of the passing of this Act and annually thereafter, review the list of first responder organisations which are not public authorities (“non-statutory first responder organisations”) for the purposes of assessing whether further organisations should become non-statutory first responder organisations.
(2) Any review under subsection (1) must—
(a) have regard to the need to maintain a system for identifying victims of modern slavery which is effective, ensures appropriate and timely safeguarding of potential victims, and provides appropriate and timely access to support;
(b) be based on regular review and analysis of—
(i) the number of referrals received through the National Referral Mechanism from statutory and non-statutory first responder organisations, and any changes or trends in the number of referrals received or the proportions received from statutory and non-statutory first responder organisations;
(ii) the geographic areas from which referrals are received and the types of exploitation to which they relate, any changes or trends in such data, and whether there are any identifiable gaps in reporting related to geography or exploitation type.”

This new clause would require the Secretary of State to annually review whether further organisations should be registered as non-statutory first responder organisations, based on the capacity and needs of the system.

Opposition Amendment NC26

To move the following Clause—
“Review of training for first responder organisations
(1) The Secretary of State must, within three months of the passing of this Act, conduct a review of the training and guidance provided to first responder organisations.
(2) A review under this section must consider—
(a) the quantity, quality and content of training currently provided to first responder organisations;
(b) the training needs of first responder organisations, and the extent to which these needs are met by current training provision;
(c) any gaps or weaknesses in the training currently provided to first responder organisations;
(d) any further resources which are required to meet the training needs of first responder organisations.
(3) A report on the findings of a review under this section must be laid before both Houses of Parliament.”

This new clause would require the Secretary of State to conduct a review of the training and guidance provided to first responder organisations which assesses the quality of current provision, the needs of first responders, any gaps in current provision, and any further resources required.

Opposition Amendment NC27

To move the following Clause—
“Resourcing of non-statutory first responder organisations
(1) The Secretary of State must, within three months of the passing of this Act, review the resourcing of non-statutory first responder organisations.
(2) A review under this section must have regard to the need to increase the capacity, effectiveness and efficiency of non-statutory first responder organisations.”

This new clause would require the Secretary of State to review the resourcing of non-statutory first responder organisations.

Opposition Amendment NC28

To move the following Clause—
“IIAA: publication of data
(1) The Secretary of State must make arrangements for the publication of data relating to the work of the IIAA.
(2) The data required by this section must be updated and published at least every three months.
(3) The data to be published under this section must include—
(a) the number of appeals submitted to the IIAA;
(b) the number of decisions made by the IIAA;
(c) the outcomes of decisions made by the IIAA;
(d) the proportion of people submitting appeals to the IIAA who had legal representation;
(e) the number of appeals waiting to be processed by the IIAA;
(f) the length of time taken for a decision to be made on an appeal by the IIAA;
(g) the number of appeals that were withdrawn before being heard by the IIAA;
(h) the number of reviews of decisions made by the IIAA under section 6; and
(i) the outcomes of reviews of decisions made by the IIAA under section 6.
(4) The data published must, where possible, be broken down by—
(a) the type of appeal;
(b) the nationality of the person submitting the appeal;
(c) the gender of the person submitting the appeal; and
(d) the age of the person submitting the appeal.”

This new clause would require the Home Secretary to arrange for the publication, at least every quarter (as is the case for the existing Immigration and Asylum Tribunal), of data relating to the work of the IIAA.

Opposition Amendment NC29

To move the following Clause—
“Changes to leave to remain for victims of slavery or human trafficking
(1) Section 65 of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking) is amended as follows.
(2) For subsection (2), substitute—
“(2) The Secretary of State must grant the person—
(a) leave to remain in the United Kingdom for a period lasting no less than 60 months,
(b) recourse to public funds, and
(c) the right to work.”
(3) After subsection (2), insert—
“(2A) A person granted leave to remain in the United Kingdom under subsection (2) is eligible for settlement in the United Kingdom after residing, with any form of leave, in the United Kingdom for a period of five years.”
(4) Omit subsections (4) and (5).”

This new clause is a redrafted version of Clause 39 and would, if that clause is omitted, give limited leave to remain to all victims of slavery or human trafficking and prevent such leave being withheld if the Secretary of State believes a victim’s needs can be met elsewhere.

Opposition Amendment NC30

To move the following Clause—
“Large-scale asylum accommodation: site suitability assessments
(1) Where the Secretary of State proposes to provide, or arrange for the provision of, asylum accommodation at a large-scale asylum accommodation site, the Secretary of State must prepare and publish a site suitability assessment before accommodation is first provided at the site.
(2) A site suitability assessment under subsection (1) must include an assessment of—
(a) the location and accessibility of the site, including access to public transport and essential services;
(b) the capacity of, and likely impact on, local healthcare, policing and other public services;
(c) the adequacy of local transport infrastructure, including pedestrian access to and from the site;
(d) the safety, security, safeguarding and welfare of persons to be accommodated at the site;
(e) any relevant environmental, planning or infrastructure constraints;
(f) any representations received from organisations set out in subsection (3);
(g) any reasonably available alternative sites or forms of accommodation considered by the Secretary of State; and
(h) the likely impact of the proposed use of the site on the local community.
(3) For the purposes of subsection (2)(f) the Secretary of State must consult—
(a) any local authority in whose area the site, or any part of it, is situated; and
(b) such other public bodies as the Secretary of State considers appropriate.
(4) In this section—
“asylum accommodation” means accommodation provided—
(a) under section 4 of the Immigration and Asylum Act 1999,
(b) as support under section 95 or 95A of that Act in a way mentioned in section 96(1)(a) or (b) of that Act, or
(c) under section 17 of the Nationality, Immigration and Asylum Act 2002;
“large-scale asylum accommodation site” means a single site at which asylum accommodation is intended to be provided for 300 or more persons at any one time.”

This new clause would require the Secretary of State to consult relevant local authorities and other public bodies considered appropriate, and to prepare and publish a site suitability assessment before a site is used to accommodate 300 or more people as part of the asylum support system.

Opposition Amendment NC31

To move the following Clause—
“Large-scale asylum accommodation: publication of costs
(1) Where the Secretary of State proposes to provide, or arrange for the provision of, asylum accommodation at a large-scale asylum accommodation site, the Secretary of State must prepare and publish an assessment of the expected costs associated with the site before accommodation is first provided at the site.
(2) An assessment under subsection (1) must include—
(a) the estimated cost of acquiring, leasing or otherwise securing the use of the site;
(b) estimated capital expenditure required for the construction, conversion, refurbishment or adaptation of the site;
(c) estimated annual operating and running costs;
(d) estimated total expenditure over the period for which the site is expected to be used;
(e) the estimated cost per person accommodated at the site;
(f) a comparison with the estimated costs of reasonably available alternative sites or forms of asylum accommodation; and
(g) the principal assumptions on which the estimates in paragraphs (a) to (f) are based.
(3) If, before accommodation is first provided at the site, there is a material change to the estimated costs published under subsection (1), the Secretary of State must publish a revised assessment.
(4) In this section—
“asylum accommodation” means accommodation provided—
(a) under section 4 of the Immigration and Asylum Act 1999,
(b) as support under section 95 or 95A of that Act in a way mentioned in section 96(1)(a) or (b) of that Act, or
(c) under section 17 of the Nationality, Immigration and Asylum Act 2002;
“large-scale asylum accommodation site” means a single site at which asylum accommodation is intended to be provided for 300 or more persons at any one time.”

This new clause would require the Secretary of State to publish the estimated capital, running and overall costs of a proposed large-scale asylum accommodation site, together with a comparison with alternative sites or forms of asylum accommodation.

Opposition Amendment 69

Clause 50, page 52, line 1, at end insert—
“(1A) Where any provision of this Act includes a power to make regulations and such provision or regulations would affect—
(a) the identification of victims of slavery and human trafficking in Scotland,
(b) the provision of support to victims of slavery and human trafficking in Scotland, or
(c) any duties on Scottish public authorities relating to tackling slavery and human trafficking in Scotland,
the Secretary of State must consult with and receive consent from Scottish Ministers before making such regulations.”

This amendment would require the Secretary of State to consult with and receive consent from Scottish Ministers before making regulations relating to slavery and human trafficking which affect Scotland.

Government Amendment 47

Clause 52, page 52, line 30, at end insert—
“(ba) section (Liability to deportation of certain residents despite section 7 of the Immigration Act 1971);”

This amendment would mean that the new clause inserted by NC5 would come into force on Royal Assent.

Opposition Amendment 62

Clause 52, page 52, line 34, at end insert—
“(3A) Regulations under subsection (1) may not bring Part 1 into force until the Secretary of State has published and laid before Parliament the report required by section [Report on asylum decision-making].”

This amendment would prevent Part 1 of the Bill being brought into force until a report under NC22 is published.

Government Amendment 46

Clause 52, page 53, line 25, at end insert—
“(11) The Lord Chancellor may by rules made by statutory instrument make amendments to Tribunal Procedure Rules in connection with regulations under subsection (1) that bring Part 1 into force.
(12) Before making rules under subsection (11), the Lord Chancellor must consult the Senior President of Tribunals.
(13) A statutory instrument containing rules under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament.”

This amendment would give the Lord Chancellor the power to amend Tribunal Procedure Rules in connection with the commencement of the powers of the IIAA. This may be especially needed if commencement regulations make the kind of provision mentioned in clause 52(8). (See also amendment 43.)

Opposition Amendment 1

Page 1, line 3, leave out Clause 1

Opposition Amendment 19

Page 54, line 2, leave out Schedule 1

Opposition Amendment 2

Page 2, line 15, leave out Clause 2

Opposition Amendment 20

Page 60, line 2, leave out Schedule 2

Opposition Amendment 3

Page 3, line 24, leave out Clause 3

Opposition Amendment 4

Page 4, line 10, leave out Clause 4

Opposition Amendment 21

Page 65, line 2, leave out Schedule 3

Opposition Amendment 5

Page 4, line 32, leave out Clause 5

Opposition Amendment 6

Page 5, line 9, leave out Clause 6

Opposition Amendment 7

Page 5, line 22, leave out Clause 7

Opposition Amendment 8

Page 6, line 1, leave out Clause 8

Opposition Amendment 9

Page 6, line 33, leave out Clause 9

Opposition Amendment 10

Page 7, line 22, leave out Clause 10

Opposition Amendment 11

Page 8, line 1, leave out Clause 11

Opposition Amendment 12

Page 9, line 21, leave out Clause 12

Opposition Amendment 13

Page 10, line 17, leave out Clause 13

Opposition Amendment 14

Page 11, line 26, leave out Clause 14

Opposition Amendment 15

Page 12, line 31, leave out Clause 15

Opposition Amendment 16

Page 13, line 3, leave out Clause 16

Opposition Amendment 17

Page 21, line 18, leave out Clause 23

Opposition Amendment 18

Page 22, line 14, leave out Clause 24