Recommendation 11

In order to comply with the right to an effective remedy in Article 13 ECHR in respect of an asylum seeker, the UK would need to have processes in place to undertake an examination of an individual’s personal circumstances, to take an individual decision in respect of that person, to enable that person to be able to challenge that decision, and to have a remedy with suspensive effect for potential violations of Articles 2 and 3 ECHR. The absence of those processes in the case of proposed pushbacks in the Channel is likely to risk violating Article 13 ECHR, in conjunction with other rights engaged. (Paragraph 73) Maritime enforcement powers in the Nationality and Borders Bill