Part 2: Asylum Chapter 4: Supporting evidence Section 19: Asylum or human rights claim: damage to claimant’s credibility
Overview: This section inserts new subsections into the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (claimant’s credibility) ("the 2004 Act"). It also inserts definitions for "immigration and nationality functions," "immigration legislation," and "Nationality Acts". In doing so, it creates a principle that if a person making an asylum or a human rights claim provides evidence late, or fails to act in good faith, this conduct shall be taken account of as damaging the claimant’s credibility by the decision-maker. Evidence that is "late" means evidence that is provided on or after a specified date set out in an evidence notice that requires a claimant to provide evidence in support of their protection or human rights claim before that specified date (as provided for in Section 18).
	Background: The intention behind this section is to dissuade claimants from producing late evidence without good reason, and to reiterate that those engaging with the immigration authorities should act in good faith, by providing that the consequence for adverse conduct is that such behaviour shall be taken account of as damaging the credibility of the individual. Section 8(1) of the 2004 Act sets out that in determining whether to believe a statement made by or on behalf of a person who makes an asylum claim or a human rights claim, a decision-maker shall take account of, as damaging the claimant’s credibility, any behaviour to which the section applies. This section adds further behaviours to the list that follows in section 8.
	Subsection 2 inserts new subsections 1A and 1B into section 8 of the 2004 Act. This places a duty on the responsible bodies for establishing procedural rules for the Tribunal and the Special Immigration Appeals Commission to provide rules that, as part of the reasons for their decision on asylum and human rights claims, explicitly address the application of section 8 of the 2004 Act.
	Subsection 3 inserts new subsections 3A and 3B into section 8 of the 2004 Act. This provides that any "relevant behaviour" that the deciding authority thinks is not in good faith shall be taken account of as damaging the claimant’s credibility and also defines the circumstances when such behaviour will be "relevant".
	Subsection 4 inserts new subsections 6A and 6B into section 8 of the 2004 Act, which sets out that providing evidence late in respect of an asylum or a human rights claim will be treated as a behaviour which shall be taken account of as damaging the claimant’s credibility, unless there are good reasons for lateness.
	Subsection 5 inserts, at subsection 7 of section 8 of the 2004 Act, definitions of "immigration and nationality functions," "immigration legislation," and "Nationality Acts".
	Subsection 6 inserts a new subsection 9B within section 8 of the 2004 Act. This excludes from the definition of "immigration and nationality functions" (as inserted by subsection 4) the following: powers of arrest, entry and search as mentioned in sections 28A to 28K of the Immigration Act 1971, and power of arrest as mentioned in section 14 of the 2004 Act.
	Subsection 7 provides details regarding commencement.