Source · Select Committees · Human Rights (Joint Committee)
Recommendation 150
150
Acknowledged
Clause 48 was added by way of Government amendment at Report stage in the Commons.
Conclusion
Clause 48 was added by way of Government amendment at Report stage in the Commons. It provides for the classification of certain sexual offences as “particularly serious” when determining exclusions from the protection against refoulement, regardless of period of imprisonment. The relevant offences are sexual offences under Schedule 3 of the Sexual Offences Act (SOA) 2003, which are the specified sex offences for which an individual will be subject to notification requirements. The Government’s intention is to “ensure that those who commit sexual offences and are considered to be a danger to the community of the UK are not able to benefit from refugee status.”195 The operational effect of the clause would be to make a relevant individual ineligible for refugee status under the Immigration Rules.196 Those who face exclusion from protection can rebut the presumption that they are a danger to the community. Compatibility with Refugee Convention
Government Response Summary
The government welcomes the committee's description of clause 48, reaffirming its commitment to classifying certain sexual offences as "particularly serious" to ensure that those convicted of such crimes do not benefit from refugee status.
Government Response
Acknowledged
HM Government
Acknowledged
We welcome the Committee’s support for this clause, which will classify sexual offences which give rise to the notification requirement in the Sexual Offences Act 2003 as being ‘particularly serious’ for the purpose of applying Article 33(2) of the Refugee Convention (under which those who are convicted of particularly serious crimes or who present a danger to the security of the relevant country, do not benefit from prohibition of refoulement). The Government recognises the devastating impact of sexual violence on victims and communities and are absolutely committed to tackling sexual offences and halving violence against women and girls (VAWG) in a decade. It is imperative that asylum seekers and refugees who have been convicted of particularly serious crimes do not benefit from protection status. Not only have they failed to respect the laws of the UK by committing heinous acts, but they have also undermined public confidence in the ability of the state to protect the public.