Source · Select Committees · Human Rights (Joint Committee)
Recommendation 126
126
Accepted
recommendation Section 62 IMA should be amended, as recommended by our predecessor Committee, to make...
Recommendation
recommendation Section 62 IMA should be amended, as recommended by our predecessor Committee, to make clear that the credibility of a claimant who has provided a reasonable excuse for their failure to provide a password or other methods of access requested by the Home Office will not be affected. (See Amendment 15, Annex). 162 Twelfth Report of Session 2022–23, para.372 46 5 Retrospective powers: detention and fees Clause 41: Detention and exercise of functions pending deportation
Government Response Summary
The government did not commit to amending Section 62 IMA, stating that existing provisions and published guidance already require decision-makers to consider a claimant's credibility 'in the round' and include mitigation for failure to provide access methods.
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.