Overview

This bill amends the Nationality and Borders Bill, primarily focusing on clarifying the bill's compatibility with the Refugee Convention and addressing the right to work for asylum seekers. Disagreements between the House of Lords and the House of Commons regarding the interpretation and implementation of these aspects are resolved through a series of amendments.

Description

The core amendments revolve around ensuring the Nationality and Borders Bill complies with the 1951 Refugee Convention and 1967 Protocol. The Lords proposed several amendments to explicitly state this compliance, which the Commons initially rejected. Compromises were reached, leading to amendments that mandate interpreting the bill in a way compatible with the Convention, and requiring court declarations if incompatibility arises. Further amendments concern Clause 11, which deals with differentiated treatment of refugees based on compliance criteria. The Lords sought to ensure that all refugees receive full Convention rights regardless of these criteria. The Commons amendments introduce provisions requiring the Secretary of State to demonstrate a failure to comply with the mentioned criteria while safeguarding family unity. Finally, significant amendments address the right to work for asylum seekers. The Lords proposed granting asylum seekers the right to work after six months of waiting. The Commons initially rejected this but eventually agreed to a trial period of 3 years of allowing asylum seekers the right to work with an independent review to assess its impact on the number of asylum applications after this 3 year period.

Government Spending

The bill doesn't directly specify additional government spending figures. However, the potential costs associated with implementing the amendments, particularly those related to the work permits for asylum seekers, could impact government expenditure, requiring resources for processing applications and monitoring compliance. The exact financial implications will depend on the outcome of the review and the government's future policy decision on the matter.

Groups Affected

• Refugees: The bill directly impacts refugees, aiming to clarify their rights and protections under the Refugee Convention. The amendments aim to ensure that all refugees, irrespective of how they reach the UK, are afforded all their rights under the Refugee Convention.
• Asylum Seekers: Asylum seekers are significantly affected by the amendments regarding the right to work. Initially denied the right to work, the Lords' proposed amendments, with a 3 year review to assess the impact on asylum applications, provide them the right to work after a six-month waiting period, if no decision on their claim has been reached within that time. This impacts their economic independence and integration into the UK.
• Government Agencies: Home Office and other relevant agencies will be responsible for implementing the amendments, leading to potential increased workload and resource requirements for processing asylum applications and ensuring compliance with the Refugee Convention.
• Employers: The amendments could lead to more opportunities for asylum seekers if they are allowed to work, thus potentially influencing employment sectors and labour market dynamics.
• Courts and Tribunals: Courts will have a role in interpreting the bill in light of the amendments and determining compatibility with the Refugee Convention.

Powered by nyModel