That is absolutely right. I always thought it perfectly sensible for there to be a single appeal. There were systems, for example, under which someone would have an appeal against an asylum decision and, separately, another appeal when there was an attempt to remove them. It makes sense to put the two together so that the appeal looks both at the asylum decision and at human rights applications, for instance.
The issues can be complicated and are fundamental to human rights; they are about whether someone will be allowed to remain in this country or will be removed. In such important cases, it ought to be possible to go to a High Court judge. I am hoping for reassurance that in the later stages of consideration no attempt will be made to remove the Lords amendment in respect of clause 55.
I should like to conclude by discussing destitution, an issue raised by my hon. Friend the Member for Birmingham, Selly Oak (Lynne Jones). As has been pointed out, the scope of the Bill has been very restricted in comparison with that of the draft Bill that we considered last year. The draft Bill would have consolidated and covered a whole range of issues, and allowed us to debate them, which are missing from this Bill. We should be considering the clearly missing issues of the support of asylum seekers and the number of people who are in this country for one reason or another and are living in destitution.
Let us consider those who have been refused leave to remain but are still in the country; very significant numbers of them are from countries that the Government recognise are not safe to return people to: Zimbabwe, Iran, Iraq, Sudan, Somalia and so on. Yet we require those people to sign up to section 4 to get support. That means that they have to sign a piece of paper saying that they are prepared to go back, although they are terrified of doing so. If they do not sign, they get nothing; we do not even allow those who have signed up to section 4 to work to support themselves, even when we know that they may be in the country for a significant period.
Borders, Citizenship and Immigration Bill [Lords]
Proceeding contribution from
Neil Gerrard
(Labour)
in the House of Commons on Tuesday, 2 June 2009.
It occurred during Debate on bills on Borders, Citizenship and Immigration Bill [Lords].
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493 c190 
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2008-09
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