Source · Select Committees · Human Rights (Joint Committee)
Recommendation 154
154
Acknowledged
In the supplementary ECHR memorandum published by the Government, it is noted that an individual...
Conclusion
In the supplementary ECHR memorandum published by the Government, it is noted that an individual affected by this amendment “would still be able to rely on Article 2 or 3 rights, if they faced a real risk of persecution, but their claim for refugee status would not be accepted.”199 The Government also notes in its supplementary ECHR memorandum that this provision is likely to engage the right to respect for private and family life (Article 8 ECHR), but that this measure is “necessary in interests of the public”, and will be “exercised proportionately”, given that, according to the Government, individuals will be able to “argue against the presumptions made by the state regarding the seriousness of their offence, and the danger that they pose to the community.”41
Government Response Summary
The government welcomes the committee's reported understanding of clause 48, reaffirming its commitment to classifying certain sexual offences as "particularly serious" to exclude offenders from refugee protection under Article 33(2) of the Refugee Convention.
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.