Source · Select Committees · Human Rights (Joint Committee)
Recommendation 14
14
Accepted
Section 62 IMA should be amended, as recommended by our predecessor Committee, to make clear...
Recommendation
Section 62 IMA should be amended, as recommended by our predecessor Committee, to make clear that the credibility of a claimant who has provided a reasonable excuse for their failure to provide a password or other methods of access requested by the Home Office will not be affected. (See Amendment 15, Annex). (Recommendation, Paragraph 126) Retrospective powers: detention and fees
Government Response Summary
The government states that an amendment to Section 62 is not necessary, as existing guidance already requires decision-makers to consider a claimant's credibility in the round, including any mitigation for failing to provide access information.
Government Response
Accepted
HM Government
Accepted
Section 62 of the IMA 2023 expands upon the existing provisions in section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. This provision sets out the circumstances in which a decision maker should consider particular behaviours damaging to an asylum claimant’s credibility. A credibility assessment carried out in respect of section 8 of the 2004 Act is not by itself determinative of a claim and that remains unaffected by these provisions. Decision makers will still be required to consider the claimant’s credibility in the round as they currently do as part of their decision-making process. The published guidance Assessing credibility and refugee status in asylum claims lodged on or after 28 June 2022 highlights the impact of underlying factors that can affect memory. Lack of detail or late disclosure of evidence can occur due to traumatic or challenging situations. The guidance provides that decision makers must take the totality of a person’s circumstances into account when considering credibility. This includes the consideration of any mitigation provided relating to failure to provide a password or other methods of access.