Source · Select Committees · Human Rights (Joint Committee)
Recommendation 125
125
Accepted
In respect of this provision, the previous JCHR concluded in its report on the Illegal...
Conclusion
In respect of this provision, the previous JCHR concluded in its report on the Illegal Migration Bill: “we remain concerned that an asylum or human rights claimant’s credibility should not be damaged by conduct that may be explained by something other than dishonesty or an attempt to conceal relevant information. Vulnerable asylum seekers may have other justifications for not wanting to hand over access to all their private information to a government official, not least an understandable lack of trust in authority.” The Committee recommended amending the Bill to 160 Rainbow Migration, para 13 161 UNHCR legal observations on the Illegal Migration Bill, 02 May 2023, para 6 45 make clear that the credibility of a claimant who has provided a reasonable excuse for their failure to provide a password etc requested by the Home Office will not be affected.162
Government Response Summary
The government noted the concern about claimants' credibility not being damaged by failure to provide access with reasonable excuse, stating that existing provisions and guidance already ensure decision-makers consider all circumstances and mitigation.
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.