Immigration and Asylum Bill

278. The clause amends Part 5 of the Nationality and Borders Act 2022 to insert a new section 60A. This sets out the factors which a competent authority (decision-maker) must take into account when determining whether an individual is a potential victim or a victim of modern slavery (i.e. when making a reasonable grounds of conclusive grounds decision (as defined in section 69 of the Nationality and Borders Act 2022)). 279. Subsection (1) of section 60A sets out that the provisions in subsection (2) will apply whenever a competent authority is making a reasonable grounds or conclusive grounds decision. 280. Subsection (2) of section 60A sets out a list of factors that, in assessing whether to believe an account put forward by or on behalf of a person, a competent authority must take into account as damaging a person’s credibility, as follows: a) any delay in the person making a claim that they are a victim of modern slavery (subsection (2)(a)); b) any delay in the person providing ‘relevant status information’ (i.e. information relevant to a reasonable grounds or conclusive grounds decision) to the competent authority (subsection (2)(b)); c) any material inaccuracy, inconsistency or omission in the information provided by the person, to the competent authority (subsection (2)(c)); d) any material inconsistency between the information provided by the person by the individual to the competent authority and any information they have provided in connection with a protection or human rights claim they have made, or any civil or criminal proceedings where they are a party (subsection (2)(d)); and e) any striking similarity between the information provided by the person to the competent authority and information that has been provided by another person in connection with a claim they have made to be a victim of modern slavery or trafficking, a protection or human rights claim they have made; or any civil or criminal proceedings in which they are a party (subsection (2)(e)). The term ‘striking similarity’ is intended to capture both very similar and identical accounts. 281. Subsection (3) of section 60A sets out that subsection (2) will not apply in a given case (i.e. there will be no adverse impact on credibility) where the competent authority is satisfied that there are good reasons for the factor(s) listed in (a). to (e). above arising. 282. Subsection (4) of section 60A requires the competent authority to have regard to any guidance issued by the Secretary of State in deciding whether there are good reasons for the purposes of subsection (3) above. 283. Subsection (5) of section 60A makes clear the link between clause 36 and claims notices under clause 11, setting out that where a person has been served a claim notice under clause 11 and provides relevant status information after the deadline set out in the notice, this is to be treated as a delay for the purposes of subsection (2)(a) or (b), and therefore will have an adverse impact on the person’s credibility, unless there are good reasons provided for the lateness. 284. For the purposes of subsection (2)(a) above (i.e. relating to delay in making a claim), subsection (6) defines ‘making a claim to be a victim of slavery or human trafficking’ if they make a disclosure of information that tends to suggest they may be a victim. 285. Subsection (7) of section 60A defines several terms for the purposes of section 60A. It defines “claim notice” as a notice issued under clause 11; “claim notice deadline” as having the meaning given in clause 11(3); “human rights claim” and “protection claim” as having the same meanings as set out in Part 2 of the Nationality and Borders Act 2022; and “relevant status information” in relation to a person as information provided by a person that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to them. 286. Subsection (3) of clause 36 repeals sections 58 and 59 (slavery or trafficking information notices) from Part 5 of the Nationality and Borders Act 2022. These are uncommenced provisions and will be replaced by the provisions in clause 11 of this Bill.