My Lords, with the greatest respect, it is not confusing at all, because Clause 31(2) establishes the facts, and that is all a balance of probabilities. Then, in Clause 31(4), the decision-maker turns to questions of the future. It is at that stage that the reasonable likelihood test is the appropriate test, because the decision-maker is looking to assess what might happen in the future. That is why we have a lower test at that stage. It is quite usual in law to have different stages of a test and different levels of probability at each.
Nationality and Borders Bill
Proceeding contribution from
Lord Wolfson of Tredegar
(Conservative)
in the House of Lords on Tuesday, 8 February 2022.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Nationality and Borders Bill.
About this proceeding contribution
Reference
818 c1447 Session
2021-22Chamber / Committee
House of Lords chamberSubjects
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Timestamp
2023-10-30 15:14:22 +0000
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