UK Parliament / Open data

Immigration, Asylum and Nationality Bill

I am grateful, as that is obviously important. I do not like the new measure which removes indefinite leave for people who are given refugee status. We have had an Adjournment debate on that issue, but the change has been made so it is vital that those people should have the right of appeal if their leave is curtailed. In Committee, I raised the issue of unaccompanied minors and, encouragingly, the Minister suggested that he was prepared to look at the issue. Quite a few minors who apply for asylum are simply granted discretionary leave for a year—in some cases, it is less than a year—every year until they reach the age of 18. When they do so they are refused variation of leave on the ground that leave was only granted on the basis of age. People who are given leave for one year or less after being refused asylum do not have the right to appeal against that refusal. Unaccompanied minors or children are given a decision on the variation of leave at 18, but they do not have the right to appeal against the initial refusal. If clause 1 ends the right to appeal against the variation of leave, many of those unaccompanied children will not have any right to appeal at any point in the process against the substantive decision on their asylum claim. That serious problem has been created by the legislation.
Type
Proceeding contribution
Reference
439 c991 
Session
2005-06
Chamber / Committee
House of Commons chamber
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