Recommendation 17

Whilst the states listed in clause 57 (EEA plus Switzerland and Albania) may be considered to be safe ‘in general’, this does not guarantee their safety for all individuals, particularly those who are members of a particular social group such as female VOTs. It must be possible for such individuals who face a real risk of persecution upon return to make a protection or human rights claim which must be considered on its merits in order to guard against the risk of refoulement. Clause 5 should be amended to remove the requirement for “exceptional circumstances” and instead provide that where persons from EEA countries, plus Albania and Switzerland, make a protection or human rights claim, this claim must be admissible and subject to proper consideration unless it is ‘clearly unfounded’ (see Annex, Amendment 9). An individual must not be removed from the UK and returned to an EEA country or Switzerland or Albania unless and until their claim has been properly considered and decided.