Clause 29 - Article 1(A)(2):well-founded fear

Part of Nationality and Borders Bill – in a Public Bill Committee am 5:13 pm ar 26 Hydref 2021.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Stuart McDonald Stuart McDonald Shadow SNP Spokesperson (Home Affairs) 5:13, 26 Hydref 2021

I beg to move amendment 152, in clause 29, page 30, leave out subsection (2) and insert—

“(2) The decision-maker must first determine whether there is a reasonable likelihood that—

(a) the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion (or has such a characteristic attributed to them by an actor of persecution), and

(b) if the asylum seeker were returned to their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence)—

(i) they would be persecuted for reason of the characteristic mentioned in subsection (a), and

(ii) they would not be protected as mentioned in section 31.”

This amendment would remove the “balance of probabilities” phrase from the Bill and would maintain the status quo.