Draft Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024

Chris Stephens Excerpts

Wednesday 10th January 2024 General Committees

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

I beg to move,

That the Committee has considered the draft Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024.

What a great pleasure it is to serve under your chairmanship, Ms Bardell. I think it is the first time that I have had the privilege to serve with you in the Chair. It is good to welcome hon. and right hon. Members to this Committee.

These regulations seek to add Georgia and India to the list of safe countries of origin. The inadmissibility of asylum claims has been a long-standing process in the UK. Under the Nationality, Immigration and Asylum Act 2002, the Secretary of State must declare an asylum claim made by a national of an EU member inadmissible unless there are exceptional circumstances. These provisions will reduce pressures on our asylum system and allow us to focus on those most in need of protection, but it is right to say that it is not only EU states that are safe countries. As soon as section 59 of the Illegal Migration Act 2023 is commenced, these provisions will be expanded to include the inadmissibility of asylum and human rights claims from other states considered generally safe.

The list of safe countries of origin comprises the EU states, as now. It also includes other European economic area states, namely Iceland, Norway and Liechtenstein, as well as Switzerland and Albania. The rationale underpinning the proposed addition of India and Georgia to the list is that that will tackle unfounded and unnecessary protection and human rights claims from people who are in safe countries. India and Georgia are countries in which we have seen an increase in the volumes of asylum intake, so consideration has been given as to whether it would be appropriate to add them to the list of safe countries of origin. Having reviewed the relevant information and evidence from a wide range of reliable sources relating to the safety of Georgia and India, including consideration of their respect for the rule of law and human rights, we assess that both countries meet the criteria as set out in section 80AA(3) of the 2002 Act and are generally safe, so it is appropriate to add these countries to the list.

[Chris Stephens (Glasgow South West) (SNP)]

Declaring a country to be safe does not necessarily make it safe. Can the Minister tell me how many asylum claims were granted by the Government from Georgia and from India in the last two years?

--- Later in debate ---

[Chris Stephens]

It is a pleasure to have a comrade in the Chair, Ms Bardell, and I would like to indicate that I will oppose this particular instrument today. As the Minister outlined, it would have the effect of declaring all asylum and human rights applications made from India and Georgia inadmissible unless there are exceptional circumstances. Where a claim is declared inadmissible, it will not be substantively considered on its merits. In addition, when the duty to make arrangements for removal under section 2 of the Illegal Migration Act 2023 comes into force, nationals of these states listed, including India and Georgia, could be removed to their home country unless the Secretary of State considers there to be exceptional circumstances.

There are difficulties with declaring India and Georgia safe countries. I have asylum seekers in my Glasgow South West constituency, some of whom are from Georgia and whose cases the Home Office has accepted. Given that the Home Office has accepted asylum claims from people from Georgia and India, I find it quite bizarre that we are just now declaring these countries to be safe. As I said earlier, that does not necessarily make it so.

The blanket inadmissibility of asylum claims is extremely concerning and deeply problematic, as we have already seen with the Rwanda policy. I note, as does the Opposition spokesperson, that the Secondary Legislation Scrutiny Committee received a submission that suggested that

“human rights abuses in both countries may be significant and widespread.”

The Minister did not refer to that in his opening remarks. I hope that he will explain what the Government’s response is to that note, which suggests there are human rights abuses in both India and Georgia deemed to be significant and widespread.

The 29% of asylum claims granted to Georgian nationals in the year to September 2022 and the 16% granted in the year to September 2023 suggest that a significant percentage of claims that would have been granted previously are to be ruled inadmissible under these regulations. We therefore have 29% and 16% of people who would have had their claims ruled inadmissible if these regulations had been passed a year or two earlier. If Georgia is indeed a safe country, why are the Government accepting so many claims from there?

In closing, the Immigration Law Practitioners’ Association, in its joint briefing with Rainbow Migration on this measure, has highlighted the fact that the changes would strip Indian and Georgian nationals of their ability to make admissible human rights applications. That includes those seeking lawfully to extend their stay or enter the UK on the basis of human rights. That does not in any way advance the supposed purpose of the Illegal Migration Act. That is why I will not be supporting the measure today.