Women for Refugee Women and ILPA have prepared joint briefings on the Amendments to Clauses 31 and 32 of the Nationality and Borders Bill, both of which will seriously harm women and survivors of gender-based violence seeking safety in the UK.

Clause 31

Women for Refugee Women and ILPA have prepared a joint briefing on Amendment to Clause 31 of the Nationality and Borders Bill, supported by 27 organisations which have significant expertise in working with people seeking asylum in the UK.

We are seriously concerned that the Government’s proposed test will result in protection wrongly being denied to people at genuine risk of persecution.

Clause 31 introduces a higher two-part test for determining whether an asylum claimant has a ‘well-founded fear’ of being persecuted and should therefore be entitled to refugee protection in the UK.

In summary, the proposed test:

  • Imposes an even higher hurdle for asylum claimants to overcome and will result in people wrongly being denied refugee protection in the UK
  • Disproportionately affects particularly vulnerable groups
  • Contravenes international obligations
  • Will cause confusion in decision making, resulting in an increased number of appeals, and increased costs and delays in an already back-logged asylum system

Clause 32

Women for Refugee Women and ILPA have prepared a joint briefing on Amendment to Clause 32 of the Nationality and Borders Bill, supported by over 40 organisations across the End Violence Against Women and Girls and the anti-trafficking sectors.

We are especially concerned about the change in Clause 32 to the definition of ‘particular social group’. This change will result in protection being wrongly denied to women at genuine risk of persecution. 

Clause 32 is a serious concern. In summary, the proposed definition:

  • Imposes an additional hurdle for survivors of gender-based violence, and other vulnerable persons, to overcome, and will result in people being wrongly denied protection
  • Disproportionately affects women and girls who rely on the ground of ‘particular social group’ when claiming asylum
  • Contravenes UNHCR standards
  • Reverses UK case law

We strongly urge members of the House of Lords to vote for the amendment tabled by the Lord Bishop of Gloucester to Clause 32, supported by Baroness Lister of Burtesett.

The amendment would maintain the approach to ‘particular social group’ and would be in keeping with the Government’s commitment to tackling violence against women.

For further information, or case studies:
Priscilla Dudhia, priscilla@refugeewomen.co.uk