UK Borders Bill

With this it will be convenient to discuss the following: New clause 12—Children: exemption from reporting and residence conditions ‘After section 3(1) of the Immigration Act 1971 (c. 77) (limited leave to enter or remain) insert— ““(1A) A child making an asylum claim or a human rights claim whilst he is under the age of 18 shall not be subject to the conditions in subparagraphs (1)(c)(iv) and (v) above until he reaches the age of 18. (1B) For the purposes of this section ““asylum claim”” and ““human rights claim”” have the same meaning as in section 113 of the Nationality, Immigration and Asylum Act 2002 (c. 41).””’. Amendment No. 1, in page 3, line 14, Clause 5, after ‘person’ insert ‘aged 16 or over’. Amendment No. 36, in page 15, line 37, Clause 30, at end insert— ‘(5) In section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) after subsection (5) add— ““(6) If there are reasonable grounds to believe that a person has been the victim of trafficking in human beings, that person shall not be removed from the UK until the process of identifying the person as a victim of an offence has been completed. (7) If an unaccompanied child is identified as a victim of trafficking, the Secretary of State shall— (a) provide for representation of the child by a legal guardian, organisation or authority which shall act in the best interests of that child; (b) take the necessary steps to establish the identity and nationality of the child; and (c) make every effort to locate the family of the child when the Secretary of State determines that this is in the best interests of the child. (8) If an individual has been identified as a victim of trafficking the Secretary of State shall allow a recovery and reflection period of not less than 30 days. (9) During the reflection period established under subsection (8) it shall not be possible to enforce any expulsion order against that person and the Secretary of State shall authorise the persons concerned to stay in the UK.””’.