Recommendation 6

Clause 36(4) would require an interpretation of Article 31 that removes its protections from a refugee who commits an offence while leaving the UK for another destination. This is inconsistent with an interpretation of the Refugee Convention that accepts asylum seekers are not required to claim asylum in the first safe country they reach. It is also hard to see how the UK benefits from prosecuting individuals who want to leave the UK to claim asylum elsewhere. (Paragraph 74) Legislative Scrutiny: Nationality and Borders Bill (Parts 1, 2 and 4) – Asylum, Home Office 71 Decision-Making, Age Assessments, and Deprivation of Citizenship Orders