I am proud to speak in today’s debate. The speeches of my hon. Friends the Member for Slough (Fiona Mactaggart) and for Lewisham East (Heidi Alexander) were quite magnificent. They dealt with this issue from their own experience, as did my right hon. Friend the Member for Leicester East (Keith Vaz), Chair of the Home Affairs Committee, who always speaks so eloquently on these matters. I would even say—those who know me will know how much it costs me to do so—that the hon. Member for Brent Central (Sarah Teather) also made a very good speech.
The quality of the speeches comes from the nature of Members’ constituencies. It was instructive that the hon. Member for Henley (John Howell) should say that
when the Bill was published he received correspondence from his constituents who, of course, are the landlords, while the constituents who wrote to my hon. Friend the Member for Lewisham East and to me are the tenants. Each of us in this place is properly reflecting the views of our constituents, but on behalf of those against whom the Bill will be so penal, I hope that hon. Members who do not share the same constituency issues and problems might take note of some of the speeches that have been given already.
I want to focus on the heart of the Bill, which is that the Home Office argues that the immigration appeals framework is flawed. To whom will it give the work? An internal Home Office review estimated that approximately 60% of the volume of allowed appeals are due to casework errors. The Home Office believes that the appeals framework is flawed, but part of the problem with that framework is the poor quality of its initial decisions, which then clog up the appeals process. How can the Home Office believe that an administrative review process will properly go to the heart of the problem? It will not.
As the Bill stands, refused applicants will be required to apply for administrative review with 10 days of receiving the decision. All of us who have extensive correspondence with the Home Office know that most of the decisions come back to lawyers. So lawyers will be required to make that administrative review application within 10 days, but the Home Office must know full well that that simply will not happen. It is not happening at the moment. Many of our constituents do not receive notification from their lawyers until several weeks after even a positive response has been received from the Home Office. The very idea that such a review could be made within 10 days is quite simply incredible. Those officials who have told, written to and persuaded Ministers that this can be done know only too well that that is false.
Under clause 11, where there is right of appeal to the first tier tribunal, refusal decisions made on erroneous grounds or without reference to highly relevant information simply cannot be challenged. The option to raise challenges to unlawful decision making before the High Court in judicial review proceedings will remain, but that means that the time of the High Court judges will be used in pointing out basic errors in Home Office decision making. The Home Office states that the immigration appeals framework is overtly complex, slow and expensive, but reducing the number of appeals will cause the number of applications for judicial review to soar. That will be more expensive, slower and less effective, but it will be the only lawful option left for many cases. The High Court is likely to become the first port of call for those opposing deportation decisions. Again, immigration officials in the Home Office know that. They know that they are taking a bottleneck from one part of the system and putting it in another part where it will be more costly to the public purse.
In the light of the proposed reforms to judicial review funding and challenges to legal aid, including the proposed adoption of a residence test, judicial review will not be practically accessible for a number of cases, leaving individuals without any form of redress and the Home Office with no imperative to improve its processes.