Nationality and Borders Bill (HL Bill 82)

Part 4 continued    

(i)the Court of Appeal in England and Wales,

(ii)the Court of Session, or

(iii)the Court of Appeal in Northern Ireland,

could be made (ignoring any possibility of an application out of time)
5or is awaiting determination,

(c)permission to appeal of the kind mentioned in paragraph (a) or (b) has
been granted and the appeal is awaiting determination, or

(d)an appeal has been remitted under section 12 or 14 of the Tribunals,
Courts and Enforcement Act 2007, or by the Supreme Court, and is
10awaiting determination.

55 New information following age assessment or appeal

(1)This section applies where—

(a)an age assessment has been conducted on an age-disputed person (“P”)
under section 49 or 50,

(b)15an appeal under section 53(2) could no longer be brought (ignoring any
possibility of an appeal out of time) or has been finally determined, and

(c)the decision-maker becomes aware of new information relating to P’s
age.

(2)In this section, the age assessment referred to in subsection (1)(a) is referred to
20as the “first age assessment”.

(3)In a case where the first age assessment was conducted by a designated person,
they must—

(a)decide whether the new information is significant new evidence, and

(b)if they decide that it is, conduct a further age assessment on P.

(4)25In a case where the first age assessment was conducted by a local authority, it
must—

(a)decide whether the new information is significant new evidence or
refer the new information to a designated person for a decision on that
matter, and

(b)30if it is decided that the new information is significant new evidence—

(i)conduct a further age assessment on P, or

(ii)refer P to a designated person for a further age assessment.

(5)For the purposes of subsections (3) and (4), new information is “significant new
evidence” if there is a realistic prospect that, if a further age assessment were
35to be conducted on P, taking into account the new information, P’s age would
be assessed as different from the age determined in the first age assessment or
in the appeal proceedings.

(6)A further age assessment conducted by a designated person under subsection
(3) or (4)(b)(ii) is to be treated—

(a)40in a case where the first age assessment was conducted under section
49, as an age assessment conducted by the designated person following
a referral under subsection (3)(a) of that section;

(b)in a case where the first age assessment was conducted under section
50, as an age assessment conducted under that section.

(7)A further age assessment conducted by a local authority under subsection
(4)(b)(i) is to be treated as an age assessment conducted by a local authority
under section 49(3)(b).

(8)A person conducting a further age assessment under this section does not need
5to revisit matters that were considered in the first age assessment if they do not
think it is necessary to do so.

56 Civil legal services relating to age assessments

(1)Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(civil legal services) is amended as follows.

(2)10In Part 1 (services) after paragraph 31A insert—

“Appeals relating to age assessments under the Nationality and Borders Act 2021

31B(1)Civil legal services provided in relation to—

(a)an appeal under section 53(2) of the Nationality and Borders
Act 2021 (appeals relating to age assessments),

(b)15an application for an order under section 54(4) of that Act
(order for support to be provided pending final
determination of appeal), and

(c)an appeal to the Upper Tribunal, Court of Appeal or Supreme
Court relating to an appeal within paragraph (a) or an
20application within paragraph (b).

Exclusions

(2)Sub-paragraph (1) is subject to the exclusions in Part 2 and 3 of this
Schedule.”

(3)In Part 3 (advocacy: exclusions and exceptions), in paragraph 13 (advocacy in
25proceedings in the First-tier Tribunal), after “31A,” insert “31B,”.

Part 5 Modern Slavery

57 Provision of information relating to being a victim of slavery or human
trafficking

(1)30The Secretary of State may serve a slavery or trafficking information notice on
a person who has made a protection claim or a human rights claim.

(2)A “slavery or trafficking information notice” is a notice requiring the recipient
to provide the Secretary of State (and any other competent authority specified
in the notice), before the specified date, with any relevant status information
35the recipient has.

(3)“Relevant status information” is information that may be relevant for the
purpose of making a reasonable grounds decision or a conclusive grounds
decision in relation to the recipient.

(4)Subsection (5) applies if the recipient of a slavery or trafficking information
notice provides the Secretary of State or competent authority with relevant
status information on or after the specified date.

(5)The recipient must also provide a statement setting out their reasons for not
5providing the relevant status information before the specified date (and see
section 58).

(6)In this section—

• “protection claim” and “human rights claim” have the same meanings as
  in Part 2;

• 10“specified date” means the date specified in the slavery or trafficking
  information notice.

58 Late compliance with slavery or trafficking information notice: damage to
credibility

(1)This section applies where—

(a)15a person has been served with a slavery or trafficking information
notice under section 57,

(b)the person provided relevant status information late, and

(c)a competent authority is making a reasonable grounds decision or a
conclusive grounds decision in relation to the person.

(2)20In determining whether to believe a statement made by or on behalf of the
person, the competent authority must take account, as damaging the person’s
credibility, of the late provision of the relevant status information, unless there
are good reasons why the information was provided late.

(3)For the purposes of this section, relevant status information is provided “late”
25by the person if it is provided on or after the date specified in the slavery or
trafficking information notice.

(4)In this section, “relevant status information” has the same meaning as in
section 57 (see subsection (3) of that section).

59 Identification of potential victims of slavery or human trafficking

(1)30The Modern Slavery Act 2015 is amended as follows.

(2)Section 49 (guidance about identifying and supporting victims) is amended in
accordance with subsections (3) and (4).

(3)In subsection (1)—

(a)in paragraph (b)—

(i)35for “may be” substitute “are”;

(ii)at the end insert “or who are such victims”;

(b)in paragraph (c) for “may be” substitute “is”;

(c)after paragraph (c) insert—

“(d)arrangements for determining whether a person is a
40victim of slavery or human trafficking.”

(4)After that subsection insert—

“(1A)Guidance issued under subsection (1) must, in particular, provide that
the determination mentioned in paragraph (d) is to be made on the
balance of probabilities.”

(5)5In section 50 (regulations about identifying and supporting victims)—

(a)in subsection (1)(a) for “may be” substitute “are”;

(b)in subsection (2)(a) for “may be” substitute “is”;

(c)after subsection (3) insert—

“(4)If regulations under subsection (2) make provision for
10determining whether a person is a victim of slavery or human
trafficking (as mentioned in paragraph (b) of that subsection),
they must provide that the determination is to be made on the
balance of probabilities.”

(6)In section 51 (presumption about age)—

(a)15in subsection (1)(a) for “may be” substitute “is”;

(b)in subsection (3), in the opening words, for “may be” substitute “are”.

(7)In section 56 (interpretation)—

(a)before subsection (1) insert—

“(A1)For the purposes of sections 48 to 53 (identification and
20protection of victims), “victim of slavery” and “victim of human
trafficking” have the meanings given in regulations made by
the Secretary of State under section 68 of the Nationality and
Borders Act 2021.”;

(b)in each of subsections (1) and (2), after “purposes of” insert “any other
25provision of”.

60 Identified potential victims of slavery or human trafficking: recovery period

(1)This section applies to a person (an “identified potential victim”) if—

(a)a decision is made by a competent authority that there are reasonable
grounds to believe that the person is a victim of slavery or human
30trafficking (a “positive reasonable grounds decision”), and

(b)that decision is not a further RG decision (as to which, see section 61).

(2)Subject to section 62(2), the identified potential victim may not be removed
from, or required to leave, the United Kingdom during the recovery period.

(3)The “recovery period”, in relation to an identified potential victim, is the
35period—

(a)beginning with the day on which the positive reasonable grounds
decision is made, and

(b)ending with whichever of the following is the later—

(i)the day on which the conclusive grounds decision is made in
40relation to the identified potential victim;

(ii)the end of the period of 30 days beginning with the day
mentioned in paragraph (a).

61 No entitlement to additional recovery period etc

(1)This section applies where—

(a)a competent authority has previously made a positive reasonable
grounds decision in relation to a person (the “first RG decision”), and

(b)5a further positive reasonable grounds decision is made in relation to the
person, in a case where the reasonable grounds for believing that the
person is a victim of slavery or human trafficking arise from things
done wholly before the first RG decision was made (the “further RG
decision”).

(2)10If the competent authority considers it appropriate in the circumstances of a
particular case, the authority may determine that the person may not be
removed from, or required to leave, the United Kingdom during the period—

(a)beginning with the day on which the further RG decision is made, and

(b)ending with whichever of the following is the later—

(i)15the day on which the conclusive grounds decision is made in
relation to the further RG decision;

(ii)the end of the period of 30 days beginning with the day
mentioned in paragraph (a).

This is subject to section 62(2).

62 20Identified potential victims etc: disqualification from protection

(1)A competent authority may determine that subsection (2) is to apply to a
person in relation to whom a positive reasonable grounds decision has been
made if the authority is satisfied that the person—

(a)is a threat to public order, or

(b)25has claimed to be a victim of slavery or human trafficking in bad faith.

(2)Where this subsection applies to a person the following cease to apply—

(a)any prohibition on removing the person from, or requiring them to
leave, the United Kingdom arising under section 60 or 61, and

(b)any requirement under section 64 to grant the person limited leave to
30remain in the United Kingdom.

(3)For the purposes of this section, the circumstances in which a person is a threat
to public order include, in particular, where—

(a)the person has been convicted of a terrorist offence;

(b)the person has been convicted of any other offence listed in Schedule 4
35to the Modern Slavery Act 2015 anywhere in the United Kingdom, or of
a corresponding offence;

(c)the person is subject to a TPIM notice (within the meaning given by
section 2 of the Terrorism Prevention and Investigation Measures Act
2011);

(d)40there are reasonable grounds to suspect that the person is or has been
involved in terrorism-related activity within the meaning given by
section 4 of that Act (whether or not the terrorism-related activity is
attributable to the person being, or having been, a victim of slavery or
human trafficking);

(e)45the person is subject to a temporary exclusion order imposed under
section 2 of the Counter-Terrorism and Security Act 2015;

(f)the person is a foreign criminal within the meaning given by section
32(1) of the UK Borders Act 2007 (automatic deportation for foreign
criminals);

(g)the Secretary of State has made an order in relation to the person under
5section 40(2) of the British Nationality Act 1981 (order depriving person
of citizenship status where to do so is conducive to the public good);

(h)the Refugee Convention does not apply to the person by virtue of
Article 1(F) of that Convention (serious criminals etc);

(i)the person otherwise poses a risk to the national security of the United
10Kingdom.

(4)In subsection (3)(a), “terrorist offence” means any of the following (whenever
committed)—

(a)an offence listed in—

(i)Schedule A1 to the Sentencing Code (terrorism offences:
15England and Wales), or

(ii)Schedule 1A to the Counter-Terrorism Act 2008 (terrorism
offences: Scotland and Northern Ireland);

(b)an offence that was determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (in the case of an offender
20sentenced in England and Wales), or

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case of an
offender sentenced in Northern Ireland, or an offender
sentenced in England and Wales before the Sentencing Code
applied);

(c)25an offence that has been proved to have been aggravated by reason of
having a terrorist connection under section 31 of the Counter-Terrorism
Act 2008 (in the case of an offender sentenced in Scotland);

(d)an act constituting an offence under the law in force in a country
outside the United Kingdom that—

(i)30would have constituted an offence within paragraph (a) if it had
been committed in any part of the United Kingdom, or

(ii)was, or took place in the course of, an act of terrorism or was
done for the purposes of terrorism.

(5)In subsection (3)(b) “corresponding offence” means—

(a)35an offence under the law of Scotland or of Northern Ireland which
corresponds to an offence listed in Schedule 4 to the Modern Slavery
Act 2015;

(b)an act constituting an offence under the law in force in a country
outside the United Kingdom that would have constituted an offence
40listed in that Schedule if it had been committed in England or Wales.

(6)For the purposes of this section an act punishable under the law in force in a
country outside the United Kingdom is regarded as constituting an offence
under that law however it is described in that law.

(7)In this section—

• 45“act” includes an omission;

• “the Refugee Convention” means the Convention relating to the Status of
  Refugees done at Geneva on 28 July 1951 and its Protocol;

• “terrorism” has the same meaning as in the Terrorism Act 2000 (see
  section 1 of that Act).

63 Identified potential victims etc in England and Wales: assistance and support

After section 50 of the Modern Slavery Act 2015 insert—

“50A Identified potential victims etc: assistance and support

(1)The Secretary of State must secure that any necessary assistance and
5support is available to an identified potential victim (within the
meaning given by section 60 of the Nationality and Borders Act 2021
(the “2021 Act”)) during the recovery period.

(2)For the purposes of this section, assistance and support is “necessary”
if the Secretary of State considers that it is necessary for the purpose of
10assisting the person receiving it in their recovery from any physical,
psychological or social harm arising from the conduct which resulted
in the positive reasonable grounds decision in question.

(3)Subsection (4) applies where a further RG decision, within the meaning
given by section 61 of the 2021 Act, is made in relation to a person.

(4)15If the Secretary of State determines that it is appropriate to do so, the
Secretary of State must secure that any necessary assistance and
support is available to the person during the period—

(a)beginning with the day on which the further RG decision is
made, and

(b)20ending with whichever of the following is the later—

(i)the day on which the conclusive grounds decision is
made in relation to the further RG decision;

(ii)the end of the period of 30 days beginning with the day
mentioned in paragraph (a).

(5)25Any duty under subsection (1) or (4) ceases to apply in relation to a
person in respect of whom a determination is made under section 62(1)
of the 2021 Act (disqualification from protection).

(6)In this section, a reference to assistance and support is to assistance and
support provided in accordance with—

(a)30arrangements referred to in section 49(1)(b), or

(b)regulations made under section 50.

(7)In this section—

• “conclusive grounds decision” has the same meaning as in Part 5
  of the 2021 Act (see section 68 of that Act);

• 35“recovery period” has the same meaning as in section 60 of that
  Act.”

64 Leave to remain for victims of slavery or human trafficking

(1)This section applies if a positive conclusive grounds decision is made in respect
of a person—

(a)40who is not a British citizen, and

(b)who does not have leave to remain in the United Kingdom.

(2)The Secretary of State must grant the person limited leave to remain in the
United Kingdom if the Secretary of State considers it is necessary for the
purpose of—

(a)assisting the person in their recovery from any physical or
psychological harm arising from the relevant exploitation,

(b)enabling the person to seek compensation in respect of the relevant
exploitation, or

(c)5enabling the person to co-operate with a public authority in connection
with an investigation or criminal proceedings in respect of the relevant
exploitation.

(3)Subsection (2) is subject to section 62(2).

(4)Leave is not necessary for the purpose mentioned in—

(a)10subsection (2)(a) if the Secretary of State considers that the person’s
need for assistance is capable of being met in a country or territory
within paragraph (a) or (b) of subsection (5) (or both);

(b)subsection (2)(b) if the Secretary of State considers that—

(i)the person is capable of seeking compensation from outside the
15United Kingdom, and

(ii)it would be reasonable for the person to do so in the
circumstances.

(5)A country or territory is within this subsection if—

(a)it is a country of which the person is a national or citizen;

(b)20it is one to which the person may be removed in accordance with an
agreement between that country or territory and the United Kingdom
(which may be, but does not need to be, an agreement contemplated by
Article 40(2) of the Trafficking Convention).

(6)Subsection (7) applies if the Secretary of State is satisfied that—

(a)25the person is a threat to public order, or

(b)the person has claimed to be a victim of slavery or human trafficking in
bad faith.

(7)Where this subsection applies—

(a)the Secretary of State is not required to grant the person leave under
30subsection (2), and

(b)if such leave has already been granted to the person, it may be revoked.

(8)Leave granted to a person under subsection (2) may be revoked in such other
circumstances as may be prescribed in immigration rules.

(9)Subsections (3) to (7) of section 62 apply for the purposes of this section as they
35apply for the purposes of that section.

(10)In this section—

• “positive conclusive grounds decision” means a decision made by a
  competent authority that a person is a victim of slavery or human
  trafficking;

• 40“public authority” means any public authority within the meaning of
  section 6 of the Human Rights Act 1998;

• “the relevant exploitation” means the conduct resulting in the positive
  conclusive grounds decision.

(11)This section is to be treated for the purposes of section 3 of the Immigration Act
451971 as if it were provision made by that Act.

65 Civil legal services under section 9 of LASPO: add-on services in relation to
the national referral mechanism

(1)Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (civil legal services qualifying for legal aid) is amended as follows.

(2)5In paragraph 19 (judicial review)—

(a)after sub-paragraph (1) insert—

“Add-on services in relation to referral into the national referral mechanism

(1A)Civil legal services provided to an individual in relation to
referral into the national referral mechanism, in a case where
10the Director has determined the individual qualifies for any
services described in sub-paragraph (1) that are of a
description to which sub-paragraph (1B) applies (and has not
withdrawn the determination).

(1B)This sub-paragraph applies to services in relation to any
15immigration or asylum decision (or failure to make a
decision) against which there is no right of appeal.”;

(b)after sub-paragraph (2) insert—

(2A)Sub-paragraph (1A) is subject to the exclusions in Part 2 of
this Schedule.”;

(c)20after sub-paragraph (8) insert—

“Add-on services described in sub-paragraph (1A): specific exclusions

(8A)The add-on services described in sub-paragraph (1A) do not
include—

(a)advocacy, or

(b)25attendance at an interview conducted by the
competent authority under the national referral
mechanism for the purposes of a reasonable grounds
decision or a conclusive grounds decision.”

(3)In each of paragraphs 25, 26, 27 and 27A (various immigration matters)—

(a)30after sub-paragraph (1) insert—

“Add-on services in relation to referral into the national referral mechanism

(1A)Civil legal services provided to an individual in relation to
referral into the national referral mechanism, in a case where
the Director has determined the individual qualifies for any
35services described in sub-paragraph (1) (and has not
withdrawn that determination).”;

(b)after sub-paragraph (2) insert—

(3)Sub-paragraph (1A) is subject to the exclusions in Part 2 of
this Schedule.”

40Add-on services described in sub-paragraph (1A): specific exclusions

(4)The add-on services described in sub-paragraph (1A) do not
include—

(a)advocacy, or

(b)attendance at an interview conducted by the
45competent authority under the national referral

mechanism for the purposes of a reasonable grounds
decision or a conclusive grounds decision.”

(4)In paragraph 30 (immigration: rights to enter and remain)—

(a)after sub-paragraph (1) insert—

5“Add-on services in relation to referral into the national referral mechanism

(1A)Civil legal services provided to an individual in relation to
referral into the national referral mechanism, in a case where
the Director has determined the individual qualifies for any
services described in sub-paragraph (1) (and has not
10withdrawn the determination).”;

(b)after sub-paragraph (2) insert—

“(2A)Sub-paragraph (1A) is subject to the exclusions in Part 2 of
this Schedule.”;

(c)after sub-paragraph (3) insert—

15“Add-on services described in sub-paragraph (1A): specific exclusions

(3A)The add-on services described in sub-paragraph (1A) do not
include—

(a)advocacy, or

(b)attendance at an interview conducted by the
20competent authority under the national referral
mechanism for the purposes of a reasonable grounds
decision or a conclusive grounds decision.”

(5)In paragraph 31A (immigration, citizenship and nationality: separated
children)—

(a)25after sub-paragraph (2) insert—

“Add-on services in relation to referral into the national referral mechanism

(2A)Civil legal services provided to an individual in relation to
referral into the national referral mechanism, in a case where
the Director has determined the individual qualifies for any
30services described in sub-paragraph (1) (and has not
withdrawn the determination).”;

(b)after sub-paragraph (3) insert—

(3A)Sub-paragraph (2A) is subject to the exclusions in Part 2 of
this Schedule.”

35Add-on services described in sub-paragraph (2A): specific exclusions

(3B)The add-on services described in sub-paragraph (2A) do not
include—

(a)advocacy, or

(b)attendance at an interview conducted by the
40competent authority under the national referral
mechanism for the purposes of a reasonable grounds
decision or a conclusive grounds decision.”

(6)In Part 4 of Schedule 1 to that Act (interpretation) after paragraph 7 insert—

“8In this Schedule—

• 45“civil legal services provided to an individual in relation to
  referral into the national referral mechanism” means—