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 Roger Gale Roger Gale Ceidwadwyr, North Thanet 5:13, 26 Hydref 2021

With this it will be convenient to discuss the following:

Amendment 48, in clause 29, page 30, line 45, leave out subsections (2) and (3).

This amendment would remove the requirement for the decision-maker to assess, on the balance of probabilities, whether a claimant’s fear of persecution is well-founded.

Amendment 132, in clause 29, page 30, line 45, leave out

“, on the balance of probabilities” and insert

“whether there is a reasonable likelihood that”.

Amendment 133, in clause 29, page 31, line 1, leave out “whether”.

Amendment 134, in clause 29, page 31, line 5, leave out paragraph (b) and insert—

“(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.”

The amendment would maintain the status quo and bring the bill back in line with UNHCR standards and UK jurisprudence.

Clause stand part.