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Baroness D'Souza's amendment, After Clause 78 (84B)

Nationality and Borders Act 2022

Report stage

Lead member

Baroness D'Souza
Crossbench, Life peer
Lords

Decision

Withdrawn
This amendment was withdrawn after debate and no decision was taken on it.

Amendment text

After Clause 78

Insert the following new Clause—

“Afghan Relocations and Assistance Policy

(1) Within 30 days of this Act being passed, the Secretary of State must amend part 7 of the Immigration Rules on the Afghan Relocations and Assistance Policy (“ARAP”) in accordance with subsections (2) to (11).

(2) The Secretary of State must amend paragraph 276BB3 to specify that a person falls within that paragraph if—

(a) at any time on or after 1 October 2001, the person—

(i) was directly employed in Afghanistan by a UK government department, or

(ii) provided goods or services in Afghanistan under contract to a UK government department (whether as, or on behalf of, a party to the contract); and

(b) because of that employment or provision of goods or services, the person’s life or safety is at real risk.

(3) The Secretary of State must revoke paragraph 276BB4.

(4) The Secretary of State must amend paragraph 276BB5 to specify that a person falls within that paragraph if the person meets conditions 1 and 2 and one or both of conditions 3 and 4, as set out in subsections (5) to (8).

(5) Condition 1 is that at any time on or after 1 October 2001, the person worked in Afghanistan alongside, in partnership with or closely supporting and assisting a UK government department or for a British-based organisation or institution founded by, funded by or otherwise connected to the UK government.

(6) Condition 2 is that the person, in the course of that work, made a substantive and positive contribution towards the achievement of—

(a) the UK government’s military objectives with respect to Afghanistan,

(b) the UK government’s national security objectives with respect to Afghanistan (and for these purposes, the UK government’s national security objectives include counter-terrorism, stabilisation, counter-narcotics and anti-corruption objectives), or

(c) the UK government’s human security objectives with respect to Afghanistan (and for these purposes, the UK government’s human security objectives include interventions to reduce violence, ensure basic security and promote human rights and the rule of law).

(7) Condition 3 is that because of that work the person is or was at high risk of death or serious injury.

(8) Condition 4 is that the person holds information the disclosure of which would give rise to or aggravate a specific threat to the UK government or its interests.

(9) The Secretary of State must amend paragraph 276BB2 to reflect subsections (2) to (8) of this section.

(10) The Secretary of State must insert into the Immigration Rules a route for additional family members of locally employed staff to apply in exceptional circumstances for relocation, and ensure this route is provided on terms that are no less favourable than those contained in the Home Office’s Additional guidance on the eligibility of additional family members under the Afghan locally employed staff relocation schemes, published on 4 June 2021.

(11) The Secretary of State must specify in the Immigration Rules that any decision to exclude a person who would otherwise be eligible for the ARAP scheme must be made in accordance with the exclusion criteria set out in Article 1F of the 1951 Refugee Convention, and provide independent and transparent due process guarantees in relation to any exclusion decision, including impartial decision makers, disclosure of relevant information and evidence and rights of appeal.”

Member’s explanatory statement

This new Clause would expand eligibility for ARAP by amending the Immigration Rules. It would insert into the Rules a relocation route for additional family members, which can be no less favourable than the current Home Office guidance, and limit the basis on which persons, who would otherwise be eligible for relocation under ARAP, can be excluded from the scheme.

Sponsors

Baroness Coussins
Crossbench
Life peer
Baroness Smith of Newnham
Liberal Democrat
Life peer
Lord West of Spithead
Labour
Life peer