Nationality and Borders Bill — House of Lords, 2022-02-03
Topic: Immigration
David Wolfson (Conservative, Centre-right): I really do not want —as I said earlier—to get into a position of glossing the wording of the Bill. It is very important that decision-makers and the courts are able to look at the Act—I hope that it will become an Act—and not my gloss on it. What they will have to do is to ask themselves whether there are good reasons or other circumstances, and whether the claimant acted in good faith. Those are the tests which they will have to apply. Although it is tempting to do so, I am going to resist the temptation to say that this would be included and that would not be included, because my underlying point is that this has to be assessed on a proper case-by-case basis and the statutory tests applied. I am going to leave it there, because I think I have said it clearly enough Let me now turn to Amendment 86A in the name of the noble Baroness, Lady Hamwee. For the priority removal notice to achieve its objective and operate efficiently, it is essential that those who receive the notice should raise any relevant claims and provide information and evidence before the date specified in the notice. That is to ensure that all claims can be considered sufficiently in advance of the person’s removal, reducing the extent to which removal can be frustrated, and to allow those, on the other hand, in need of international protection to be identified and supported as early as possible. For individuals who have received a priority removal notice, there will be standard timescales for recipients to respond, which will be set out in guidance. Guidance for decision-makers will also set out the circumstances where it would be appropriate for these timescales to be adjusted or extended When considering whether to extend the standard timescale, decision-makers will be required to take into account a wide range of factors and will not just be limited to the recipient’s experience of, or alleged experience of, sexual or gender-based violence or torture, or modern slavery or trafficking. The approach is certainly not arbitrary, to use the noble Baroness’s word. The guidance will, therefore, actually go further than these amendments and will require decision-makers to consider a wider range of issues when determining what is a reasonable and fair timescale for an individual to be able properly to respond to a PRN. For those reasons, I invite the noble Baroness not to press her amendment It should also be noted, while I am on this point, that all recipients of a PRN will receive a legal aid advice offer to support them in responding to the notice. Having experience of sexual or gender-based violence or torture, or modern slavery or trafficking, does not necessarily mean—I underline the word "necessarily"; I do not want to be taken out of context here—that an individual will acquire additional time or a longer period to respond. There are many factors and reasons why an individual may require additional time to respond. Again, each case has to be looked at on its own circumstances. Therefore, we need to adopt a case-by-case approach, and not the approach set out in this amendment Turning now to Amendment 87, in the name of the noble Lord, Lord Paddick, a person who has been issued with a priority removal notice can be subject to the conditions of the notice while it remains in force. That is a 12-month period after the cut-off date or, where a claim is received prior to the cut-off, the 12-month period after they have exhausted their appeal rights. We suggest that that is a reasonable period, which recognises that personal circumstances can change over time.