Immigration and Asylum Bill

Now at: Committee stage, House of Commons · text shown: Bill 105 · as introduced (30 June 2026) · checked 17 October 2026

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Showing Clause 22 only. View the whole Bill ← clause 21clause 23 →

212 amendments tabled at Committee stage, House of Commons, 62 by the Government, the ones most likely to become law. 69 are new in the last 7 days. So far 22 agreed, 15 rejected and 23 withdrawn or not pressed; the Committee next sits on Tuesday 20 October.

The latestAll amendmentsThe Government’s 62 · Parliament’s record checked 17 October 2026 at 10:37

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Part 3 — Protection status and asylum

22

22 — Interpretation of Refugee Convention: “lawfully staying”

amends 1 amendment · 1 Government
(1)The Nationality and Borders Act 2022 is amended as follows.
(2)In section 30 (Refugee Convention: general)—
(a)after subsection (3) insert—;
(3A)Section 37A applies for the purposes of the determination by any person, court or tribunal whether a person is “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention.
(b)after subsection (6) insert—
(7)Subsection (3A) and section 37A apply only in relation to a determination made on or after the day on which section 22 of the Immigration and Asylum Act 2026 comes into force.
(3)After section 37 insert—
37APersons within Article 33(2) not lawfully staying in United Kingdom A person is not to be taken to be lawfully staying in the United Kingdom if, for the purposes of Article 33(2) of the Refugee Convention—
(a)there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom, or
(b)having been convicted by a final judgment of a particularly serious crime, the person constitutes a danger to the community of the United Kingdom (see section 72 of the Nationality, Immigration and Asylum Act 2002).
Inserts a new provision into Nationality and Borders Act 2022 — after section 37

The inserted text is set out above. · view Nationality and Borders Act 2022 on legislation.gov.uk ↗

Amends Nationality and Borders Act 2022, section 30 — Refugee Convention: general
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
Nationality and Borders Act 2022 — section 30
(1) The following sections apply for the purposes of the determination by any person, court or tribunal whether a person (referred to in those sections as an “asylum seeker”) is a refugee within the meaning of Article 1(A)(2) of the Refugee Convention—
(a) section 31 (persecution);
(b) section 32 (well-founded fear);
(c) section 33 (reasons for persecution);
(d) section 34 (protection from persecution);
(e) section 35 (internal relocation).
(2) Section 36 applies for the purposes of the determination by any person, court or tribunal whether the provisions of the Refugee Convention do not apply to a person as a result of Article 1(F) of that Convention (disapplication of Convention to serious criminals etc).
(3) Section 37 applies for the purposes of the determination by any person, court or tribunal whether Article 31(1) of the Refugee Convention (immunity from certain penalties) applies in relation to a person who is a refugee within the meaning of Article 1(A)(2) of the Refugee Convention.
(3A) Section 37A applies for the purposes of the determination by any person, court or tribunal whether a person is “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention.
(4) The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 (S.I. 2006/2525) are revoked.
(5) Subsections (1) and (2), and sections 31 to 36, apply only in relation to a determination relating to a claim for asylum where the claim was made on or after the day on which this section comes into force.
(6) For the purposes of subsection (5), a claim for asylum includes a claim, in any form or to any person, which falls to be determined as mentioned in subsection (1).
(7) Subsection (3A) and section 37A apply only in relation to a determination made on or after the day on which section 22 of the Immigration and Asylum Act 2026 comes into force.
About the provision this changes
Cases citing s.30: 1 — R v Ashari Mohamed & Ors [2023] EWCA Crim 211
Explanatory Notes · published by the Government with the Bill
188. Subsection (2) introduces new subsections (3A) and (7) into section 30 of the NABA. The new subsections set out that the interpretation in subsection (3) applies for any purpose where a person, court or tribunal determines whether a person is “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention, and that this only applies from the day this Act commences. It makes clear that the interpretation of “lawfully staying” is confined to the Refugee Convention only, which does not affect any assessment as to whether their presence in the UK is lawful in respect of domestic immigration law. 189. Subsection (3) inserts new section 37A into NABA specifying that where a person is excluded from the protection against refoulement under Article 33(2) of the Refugee Convention because there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom, or they have been convicted by final judgment of a particularly serious crime and constitute a danger to the community of the United Kingdom (as per section 72 of the Nationality, Immigration and Asylum Act 2002), such a person will be deemed to be not “lawfully staying” in the United Kingdom for the purposes of the Refugee Convention.
Amendments tabled 1, including 1 from the Government

Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill

Amendment 133 GovernmentNew
Anna Turley, Minister of State (Home Office) Removes words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment would omit the transitional provision for clause 22. Amendment 135 would provide for clause 22 to be commenced by regulations, and that would mean that the transitional provision could also be included in the regulations rather than in the primary legislation.

Effect on the clause · the printed text with this amendment applied
20:40Convention.”;
21:1(b) after subsection (6) insert—
21:2“(7) Subsection (3A) and section 37A apply only in relation to a
The amendment · as tabled, addressed to the printed Bill
Clause 22, page 21, line 1, leave out paragraph (b)

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