Source · Select Committees · Human Rights (Joint Committee)
Recommendation 152
152
Acknowledged
For these purposes, a particularly serious crime, in domestic law, is a crime for which...
Conclusion
For these purposes, a particularly serious crime, in domestic law, is a crime for which a person is sentenced to a period of imprisonment of at least 12 months.197 The threshold is therefore amended by this provision in the Bill - a person could be excluded from protection under the Refugee Convention for a conviction of any of these offences, irrespective of the length of the sentence. In theory, this could mean that more people could be excluded from the protection of non-refoulement under Article 33 of the Refugee Convention. 195 Supplementary ECHR memorandum, para 13 196 By way of refusal of asylum under paragraph 336; revocation under paragraph 338A; or exclusion from humanitarian protection under paragraph 339D 197 Section 72 of the Nationality, Immigration and Asylum Act, as amended by section 38 NABA 55
Government Response Summary
The government welcomes the Committee's observation that the clause will classify certain sexual offences as 'particularly serious' for refugee convention purposes, affirming its commitment to prevent those convicted of such crimes from receiving protection.
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.