Refugees (Family Reunion) Bill [HL]

1 Refugee family reunion

(1)

The Secretary of State must, within 6 months of this section coming into force,
lay before Parliament a statement of changes in the rules (the “immigration
rules”) under section 3(2) of the Immigration Act 1971 (general provisions for
regulation and control) to make provision for refugee family reunion, in
accordance with this section , to come into effect after 21 days.

(2)

Before a statement of changes is laid under subsection (1) , the Secretary of
State must consult with persons he or she deems appropriate.

(3)

The statement laid under subsection (1) must set out rules providing for leave
to enter and remain in the United Kingdom for family members of a person
granted refugee status or humanitarian protection.

(4)

The rules under subsection (1) must—

(a)

lay down no practice which would be contrary to the 1951 Convention
relating to the Status of Refugees and the Protocol to that Convention;
and

(b)

apply equally in relation to persons granted any protection status.

(5)

For the purposes of subsection (4), “protection status” means leave to enter
or remain that is granted to a person for the purposes of compliance with
the United Kingdom’s obligations under—

(a)

the 1951 Convention relating to the Status of Refugees and the Protocol
to that Convention; or

(b)

Article 3 of the European Convention on Human Rights.

(6)

In this section , “family members” include a person’s—

(a)

parent, including adoptive parent;

(b)

spouse, civil partner or unmarried partner;

(c)

child, including adopted child, who is either—

(i)

under the age of 18, or

(ii)

under the age of 25 but was either under the age of 18 or
unmarried at the time the person granted asylum left their
country of residence to seek asylum;

(d)

sibling, including adoptive sibling, who is either—

(i)

under the age of 18, or

(ii)

under the age of 25, but was either under the age of 18 or
unmarried at the time the person granted asylum left their
country of residence to seek asylum; and

(e)

such other persons as the Secretary of State may determine, having
regard to—

(i)

the importance of maintaining family unity,

(ii)

the best interests of a child,

(iii)

the physical, emotional, psychological or financial dependency
between a person granted refugee status or humanitarian
protection and another person,

(iv)

any risk to the physical, emotional or psychological wellbeing
of a person who was granted refugee status or humanitarian
protection, including from the circumstances in which the
person is living in the United Kingdom, or

(v)

such other matters as the Secretary of State considers
appropriate.

(7)

For the purpose of subsection (6) —

(a)

“adopted” and “adoptive” refer to a relationship resulting from
adoption, including de facto adoption, as set out in the immigration
rules;

(b)

“best interests” of a child is to be read in accordance with Article 3 of
the 1989 UN Convention on the Rights of the Child.

2 Legal aid

In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (civil legal services), after paragraph 30 (immigration: rights to enter
and remain) insert—

“Refugee family reunion

30A

Civil legal services provided in relation to an application for leave
to enter or remain on the basis of rules laid down by the Secretary
of State under section 3(2) of the Immigration Act 1971 for the
purposes of refugee family reunion as set out in section 1 of the
Refugees (Family Reunion) Act 2022.”

3 Extent, commencement and short title

(1)

Section 1 and this section extend to England and Wales, Scotland and Northern
Ireland.

(2)

Section 2 extends to England and Wales only.

(3)

Section 1 and this section come into force on the day on which this Act is
passed.

(4)

Section 2 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(5)

This Act may be cited as the Refugees (Family Reunion) Act 2022.