Recommendation 9

Clause 2 penalises refugees in clear breach of the Refugee Convention and Article 31 of the Refugee Convention by providing for a blanket denial of access to the asylum system for those who come to the UK irregularly and indirectly. It is clear that the drafters of the Refugee Convention recognised that refugees might travel through multiple countries prior to seeking asylum. Article 31 does not authorise the Government to deny the protections of the Convention to any refugee who enters the UK indirectly. This is the unequivocal legal position as set out by the UNHRC and confirmed by our domestic courts. Clause 2 should be removed from the Bill as it violates the UK’s legal obligations under the Refugee Convention (see Annex, Amendment 2).