Question to the Home Office:

To ask the Secretary of State for the Home Department, if his Department will issue guidance on the exceptional circumstances that would permit an asylum or human rights claim made by a national of a country listed under section 80AA of the Nationality, Immigration and Asylum Act 2002 to be declared admissible.

Section 80A(5) of the Nationality, Immigration and Asylum Act 2002 and section 6(5) of the Illegal Migration Act 2023 set out some examples of what may constitute exceptional circumstances, relevant to the substantive consideration of asylum claims and to removal under the Illegal Migration Act to s.80AA(1) listed states (respectively). These examples are neither exhaustive nor relevant to all cases, and do not purport to be.

Exceptional circumstances are not defined or limited in legislation, but will be considered and applied on a case-by-case basis where it is appropriate.

When we commence and implement the wider measures as set out in section 59 of the Illegal Migration Act 2023, we will provide updated guidance to assist caseworkers in their consideration of exceptional circumstances, and the wider provisions.