Source · Select Committees · Human Rights (Joint Committee)
Recommendation 124
124
Accepted
The Bill does not repeal section 62 IMA.
Conclusion
The Bill does not repeal section 62 IMA. This means that if a person making a human rights or asylum claim does not allow the Home Office to look at everything (including private information) on their phone, then the Home Office shall take that into account as damaging the person’s credibility when deciding whether to believe the person.
Government Response Summary
The government explains that Section 62 of the IMA 2023 expands existing provisions and that credibility assessments are not solely determinative. Decision makers must consider all circumstances, including mitigation for not providing phone access, under current guidance.
Government Response
Accepted
HM Government
Accepted
Section 62 of the IMA 2023 expands upon the existing provisions in section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. This provision sets out the circumstances in which a decision maker should consider particular behaviours damaging to an asylum claimant’s credibility. A credibility assessment carried out in respect of section 8 of the 2004 Act is not by itself determinative of a claim and that remains unaffected by these provisions. Decision makers will still be required to consider the claimant’s credibility in the round as they currently do as part of their decision-making process. The published guidance Assessing credibility and refugee status in asylum claims lodged on or after 28 June 2022 highlights the impact of underlying factors that can affect memory. Lack of detail or late disclosure of evidence can occur due to traumatic or challenging situations. The guidance provides that decision makers must take the totality of a person’s circumstances into account when considering credibility. This includes the consideration of any mitigation provided relating to failure to provide a password or other methods of access.