I thank the noble Baroness for introducing her clause stand part debate. As she said, the clause adds behaviours that would be considered damaging to the credibility of an asylum or human rights applicant by amending the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 to widen false “passport” to false “identity document” which ensures that by presenting false documents, failing to produce documents or destroying documents an applicant damages their credibility. It also adds electronic information to the list. If an applicant fails to disclose passcodes or electronic devices, their credibility can be damaged.
In a sense, this would not be a particularly controversial part of the Bill. However, there have been reports about confiscation of mobile devices which has left migrants unable to contact the outside world or to provide the electronic documents needed for their applications. The noble Baroness, Lady Ludford, referred to the recent High Court case where the Home Office policy on blanket mobile seizure was found unlawful. She also referred to the Minister saying that Clause 14 provides fresh powers through the Bill to respond to the High Court judgment.
I thought that the noble Baroness raised interesting questions about the scope of this clause and whether it goes beyond what is covered in Clause 2 and how widely it will apply. The tone with which she introduced her clause stand part notice seemed to be seeking information and reassurance regarding these enhanced powers. I look forward to the Minister’s response.
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