Immigration, Asylum and Nationality Bill

My Lords, as the noble Lord, Lord Avebury, says, we dealt with this issue to a degree in Grand Committee. Taking Amendment No. 7 first, the noble Lord will know that refusal of entry clearance for returning residents is on the basis of objective criteria. I hear what the noble Lord says about the particular case he raised. It is right that if someone has been outside the UK for more than two years, that is a factor to be taken into account. We allow returning residents to retain a limited right of appeal on human rights and racial discrimination grounds. Any argument that would be put forward, for example, under Article 8—the right to respect for family and private life—could still be raised under Clause 4 of this Bill. That does not get taken away. As the noble Lord acknowledged in Committee, many residents who have indefinite leave also have the opportunity to apply for citizenship. As the noble Lord, Lord Avebury, has raised the matter again, I have looked at it very carefully. However, I remain of the view that there is already an objective set of criteria that allows for the kind of appeals which would deal with his concerns. He will be disappointed by the reply, but that is the Government’s position. On Amendment No. 8, the Immigration (European Economic Area) Regulations 2000 (As Amended) give the issue the ability to be addressed. It is not that we are replacing secondary and primary legislation; it is done through that set of regulations. They are the appropriate place for the appeal rights to be defined. The amendment does not deal with the persons claiming rights under the ECAA arrangements, but we will ensure that we reinstate all the relevant rights that are to be removed under the Bill, using those 2000 regulations, as I have indicated. I reiterate that we do not accept that there is settled Community law which generally requires other classes of applicant to receive an appeal against a decision to refuse entry clearance. However, we have also made it clear that if Community law develops and the right of appeal is extended, of course we will give effect to that within the regulations. There is therefore no intent to do anything other than restore what the noble Lord primarily seeks, but to do it in the right place, which is where it is now in those regulations. I hope that that will reassure him.