Amendment to the Motion

Part of Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 - Motion to Approve – in the House of Lords am 8:30 pm ar 19 Mawrth 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Lord Sharpe of Epsom Lord Sharpe of Epsom The Parliamentary Under-Secretary of State for the Home Department 8:30, 19 Mawrth 2024

I am afraid that I do not have that information. As I said, all the information we use is published on GOV.UK.

Regarding reporting from single sources, or drawing on isolated examples, these might not consider the situation in context or be reflective of the general situation, which is what we are required to consider. We consider evidence from a wide range of sources and source types, as I have said. We compare and contrast information across those sources to reach a balanced and, we believe, accurate view of the situation.

We recognise, of course, that groups such as Human Rights Watch and Amnesty International produce reports that are sometimes critical of human rights records. We also consider what sources are reporting as well as how, when and why they have reported. This assessment and the inclusion of these countries on the list will be regularly monitored and reviewed.

The noble Baroness, Lady D'Souza, asked about the ongoing investigations by Canada and the US into alleged Indian state involvement in various activities. We remain in close touch with our Canadian and US partners about what are very serious allegations. However, I am afraid it would be inappropriate to comment further during the ongoing investigations by their law enforcement authorities.

Even if a country is generally considered safe, it is acknowledged that there could be exceptional circumstances in which it may not be appropriate to return an individual in their particular circumstances. That is why the consideration of exceptional circumstances, incorporated into the safe country of origin inadmissibility provisions, will act as an appropriate safeguard. Where the Secretary of State accepts that there are exceptional circumstances why the person may not be removed to their country of origin in an individual’s particular circumstances, they will not be.

Once Section 59 of the Illegal Migration Act is commenced, a national of a Section 80AA(1) listed country who is subject to the duty to remove or power to remove would not be removed there if it is accepted that there are exceptional circumstances as to why they cannot be removed there. They will instead be removed to a safe third country. For all other nationals of Section 80AA(1) listed countries, if there are exceptional circumstances why their claim ought to be considered in the UK, it will be.

I will deal with a couple of specific questions in terms of published guidance—