Section 51 — Refugee Convention: particularly serious crime

(1) Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction and application of Article 33(2) of Refugee Convention) is amended as follows.

(2) After subsection (5) insert— (5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if— (a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and (b) the person is not, by virtue of the conviction, a person falling within subsection (2). (5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if— (a) the person is convicted outside the United Kingdom of an offence, (b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and (c) the person is not, by virtue of the conviction, a person falling within subsection (3).

(3) After subsection (5A) insert— (5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.

(4) In subsection (6), for “subsection (5A)” substitute “subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B)”.

(5) In subsection (7), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

(6) In subsection (8), after “(5A)” insert “or (5B)”.

(7) In subsection (9)(b), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

(8) In subsection (10)(b), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.