Lead member
Suella Braverman
Conservative, Fareham
Commons
Decision
Agreed
This amendment was agreed to.
Amendment text
To move the following Clause—
“Decisions relating to a person’s age
(1)
This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section 2 (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise.
(2)
If the decision is made on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.
(3)
Subsections (4) and (5) apply if P makes an application for judicial review of—
(a)
the decision mentioned in subsection (1), or
(b)
any decision to make arrangements for the person’s removal from the United Kingdom under this Act which is taken on the basis of that decision.
(4)
The application does not prevent the exercise of any duty or power under this Act to make arrangements for the person’s removal from the United Kingdom.
(5)
The court—
(a)
may quash the decision only on the basis that it was wrong in law, and
(b)
may not quash the decision on the basis that the court considers the decision mentioned in subsection (1) was wrong as a matter of fact.
(6)
In this section “relevant authority” means—
(a)
the Secretary of State,
(b)
an immigration officer,
(c)
a designated person within the meaning of Part 4 (age assessments) of the Nationality and Borders Act 2022,
(d)
a local authority within the meaning of that Part, subject to subsection (7), or
(e)
a public authority within the meaning of that Part which is specified in regulations under section 50(1)(b) of that Act (referral of age-disputed person for age assessment).
(7)
This section applies in relation to a decision of a local authority which is a decision within subsection (1) only if it is for the purposes, or also for the purposes, of the local authority deciding whether or how to exercise any of its functions under relevant children’s legislation within the meaning of Part 4 of the Nationality and Borders Act 2022.
(8)
This section applies only in relation to a decision which is made after this section comes into force.
(9)
The Nationality and Borders Act 2022 is amended as follows.
(10)
In section 54(6) (appeals relating to age assessments)—
(a)
omit the “and” at the end of paragraph (a), and
(b)
at the end of paragraph (b) insert “, and
(c)
section (Decisions relating to a person’s age) of the Illegal Migration Act 2023 (decisions relating to a person’s age).”
(11)
In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute—
“(b)
an appeal under section 54(2)—
(i)
could no longer be brought (ignoring any possibility of an appeal out of time),
(ii)
has been finally determined, or
(iii)
may not be brought as a result of section (Decisions relating to a person’s age)(2) of the Illegal Migration Act 2023 (age assessments relating to removal under that Act), and”
Member's explanatory statement
This new clause makes provision about challenges to decisions about a person’s age where the person meets or may meet the conditions for removal from the United Kingdom under the Bill.