Source · Select Committees · Human Rights (Joint Committee)
Recommendation 153
153
Not Addressed
However, in practice, the lowering of this threshold may have very little effect.
Conclusion
However, in practice, the lowering of this threshold may have very little effect. Professor Sarah Singer told us: “the Nationality and Borders Act introduced a new interpretation of Article 33(2) [Refugee Convention]… It would be highly unlikely to have a case under the Sexual Offences Act that did not meet that already very low bar [of a twelve months’ sentence of imprisonment].”198 Compatibility with Convention rights
Government Response Summary
The government welcomed the Committee's perceived support for the clause, reiterating its commitment to classifying sexual offences as 'particularly serious' for Refugee Convention purposes, but did not address the observation that the lowered threshold may have little practical effect.
Government Response
Not Addressed
HM Government
Not Addressed
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.