On 8 November 2023, the Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 were introduced to Parliament. This secondary legislation has added India and Georgia to the list of safe countries.

As a result, any asylum claim from nationals of these countries will not be considered, unless exceptional circumstances apply. Any applicants who would be removed under the Illegal Migration Act, such as if they have arrived via small boat crossing, may also be returned to their safe home country unless exceptional circumstances again apply. Following scrutiny by several committees, these regulations were passed on 15 January 2024.

I do not want to see LGBT+ refugees removed to countries with Governments that pursue homophobic and transphobic policies, that is why we have been pushing on important questions with this policy.

It is important to note that this is not a blanket ban on asylum seekers from these countries – there are situations where discretion can, should and must be exercised for certain individuals. The asylum grant rate for India in the year ending September 2023 was low, at only 7%. I therefore believe it is appropriate to work on the assumption that these asylum claims would not be accepted. However, there remains a significant minority of claims that are ultimately successful, particularly with respect to Georgia, where the grant rate for the same time period was higher, at 16%. It is vital that the Government outlines the circumstances that would be appropriate for exceptions to be made.

Similarly, I believe it is key that, once these regulations are put into practice, Home Office decision makers are provided with updated guidance on exceptional circumstances.

I want to know what impact these new regulations are expected to have on the levels of returns, particularly considering that agreements on returns already exist between the UK and Georgia, as well as the UK and India. We also need clarification on whether these new regulations will be applied to existing applications.

Please be assured that I will continue to call for an immigration system that it is fair and in the national interest.