Recommendation 6

HM Government Rejected

While the defence under section 31 IAA 1999 provides important protection for refugees, it applies only in the circumstances outlined above: namely, to those who come directly from a country where their life or freedom was threatened, or who could not reasonably be expected to seek protection en route. In practice, very few migrants meet these criteria. Most have transited through multiple safe countries where they could have sought protection, and therefore would not qualify under section 31. The offences to which section 31 of the IAA 1999 provides a defence are linked with entry and presence in the UK than the offences proposed in the Bill. The Government considers that it is important that this close link to entry into and presence in the UK is maintained and is consistent with Article 31 of the Refugee Convention. Implementation of the recommendations would weaken this link. This approach is similar to the approach in other immigration related offences such section 25 of the Immigration Act 1971. Importantly, the Bill already provides a separate defence of reasonable excuse, as set out above, allowing greater flexibility and wider application in legitimate cases, including for individuals who do not meet the strict criteria of section 31.