Skip to main content

Alison Thewliss' amendment, Clause 2

Illegal Migration Act 2023

Report stage

Amendment number: 47

Lead member

Alison Thewliss
Scottish National Party, Glasgow Central
Commons

Decision

Not called
The amendment was debated as part of a group of amendments, but not put to a vote.

Amendment text

Clause 2, page 3, line 38

at end insert—
“(10A) The duty under subsection (1) does not apply in relation to—
(a) a person who was under the age of 18 when they arrived in the UK;
(b) a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country;
(c) a person who is a refugee under the Refugee Convention or in need of humanitarian protection;
(d) a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L were to be removed in accordance with this section;
(e) a person who, there are reasonable grounds to suspect, is a victim of torture;
(f) a Ukrainian citizen;
(g) a person who, there are reasonable grounds to suspect, is a victim of trafficking or modern slavery;
(h) a person who has family members in the United Kingdom;
(i) an person who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”

Member's explanatory statement

This amendment would exempt certain persons from the Secretary of State’s duty to remove, including children, refugees, victims of modern slavery and other vulnerable people.

Sponsors

Stuart C McDonald
Scottish National Party
Cumbernauld, Kilsyth and Kirkintilloch East
Patrick Grady
Scottish National Party
Glasgow North
Brendan O'Hara
Scottish National Party
Argyll and Bute
Claire Hanna
Social Democratic & Labour Party
Belfast South
Hywel Williams
Plaid Cymru
Arfon
Ben Lake
Plaid Cymru
Ceredigion
Jonathan Edwards
Independent
Carmarthen East and Dinefwr
Liz Saville Roberts
Plaid Cymru
Dwyfor Meirionnydd