Recommendation 14

Clause 4, alongside clauses 2 and 3, forms the basis for the automatic denial of the right to asylum for the vast majority of asylum seekers entering or arriving in the UK, irrespective of the merits of their claims. The blanket denial of access to the asylum system for persons who enter or arrive in the UK irregularly and indirectly is a clear breach of the object and purpose of the Refugee Convention. In circumstances where removal is not possible or is protracted, the lack of status and permanent denial of access to the asylum system for refugees is likely to breach the Refugee Convention, in particular, the duty to naturalise and assimilate refugees as far as possible in Article 34. The denial of access to a fair and effective asylum system may also violate Article 13 ECHR. Clause 4 should be removed from the Bill to allow asylum seekers the right to claim asylum and in doing so have the merits of their case considered (see Annex, Amendment 8).