Nationality, Immigration and Asylum Bill

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New Clause 20

Removal: serious criminal

    '(1) This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from protection).

    (2) A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if he is—

    (a) convicted in the United Kingdom of an offence, and

    (b) sentenced to a period of imprisonment of at least two years.

    (3) A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if—

    (a) he is convicted outside the United Kingdom of an offence,

    (b) he is sentenced to a period of imprisonment of at least two years, and

    (c) he could have been sentenced to a period of imprisonment of at least two years had his conviction been a conviction in the United Kingdom of a similar offence.

    (4) A presumption under subsection (2) or (3) that a person constitutes a danger to the community is rebuttable by that person.

    (5) A presumption under subsection (2) or (3) does not apply while an appeal against conviction or sentence—

    (a) is pending, or

    (b) could be brought (disregarding the possibility of appeal out of time with leave).

    (6) Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption mentioned in subsection (4) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.

    (7) Subsection (8) applies where—

    (a) a person appeals under section 60, 61 or 79 of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c.68) wholly or partly on the ground specified in section 62(1)(g), and

    (b) the Secretary of State issues a certificate that presumptions under subsection (2) or (3) apply to the person (subject to rebuttal).

    (8) The adjudicator, Tribunal or Commission hearing the appeal—

    (a) must begin substantive deliberation on the appeal by considering the certificate, and

    (b) if in agreement that presumptions under subsection (2) or (3) apply (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in section 62(1)(g).

    (9) For the purposes of this section—

    (a) ''the Refugee Convention'' means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

    (b) a reference to a person who is sentenced to a period of imprisonment does not include a reference to a person who receives a suspended sentence but does include a reference to a person who is sentenced to a period of custody in an institution other than a prison.'.—[Angela Eagle.]

Brought up, read the First and Second time, and added to the Bill.

Bill, as amended, to be reported.

        Committee rose at one minute to Ten o'clock.

Column Number: 459

The following Members attended the Committee:
Illsley, Mr. Eric (Chairman)
Allan, Mr.
Buck, Ms
Dhanda, Mr.
Eagle, Angela
Gapes, Mike
Gerrard, Mr.
Gillan, Mrs.

Column Number: 460


Hughes, Simon
Lazarowicz, Mr.
McGuire, Mrs.
Malins, Mr.
Prosser, Mr.
Rooney, Mr.
Watkinson, Angela
Winterton, Ms Rosie

 
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