UK Parliament / Open data

Immigration Bill

Proceeding contribution from Lord Taylor of Holbeach (Conservative) in the House of Lords on Monday, 10 February 2014. It occurred during Debate on bills on Immigration Bill.

I do not think that there is, my Lords. My noble friend misunderstands the degree to which the appeal process has tended to be used to consider new evidence and new material that has been produced by applicants, which could be dealt

with through an administrative process much more efficiently that would avoid the late delivery of papers and documentation, which has complicated many cases and prolonged their proper consideration.

The courts will still play an important role in cases that engage fundamental rights. I assure noble Lords on that. However, if an applicant does not qualify and their application is refused, an appeal should not be a way of prolonging their stay in the United Kingdom for months and, as noble Lords will know, in some cases for years. Many noble Lords have cited statistics on allowed appeals. My noble friend Lord Avebury did so, along with the noble Baroness, Lady Smith, the right reverend Prelate the Bishop of Leicester, the noble Earl, Lord Sandwich, and my noble friend Lady Manzoor, who cited that as evidence of poor decision-making on the part of the Home Office. We believe that just over half the appeals are allowed because of casework error, and administrative review will resolve that. After casework errors, most appeals succeed on Article 8 grounds. When someone believes that they should be allowed to stay in the UK on human rights grounds, they should make a claim on that basis to the Secretary of State. Refusal of that claim will give a right of appeal protected by this Bill. We also need to keep the appeal statistics in perspective. Some 89% of applications from students and workers seeking to extend their stay in 2012 were granted rather than refused.

The evil of statelessness is well understood and that is why, in the shadow of the two world wars of the 20th century, so much work was done to reduce it. The noble Baroness, Lady Kennedy of The Shaws, made that clear. We have heard impassioned contributions from her as well as from the noble Lords, Lord Ahmed and Lord Rosser, on that subject. The proposal in the Bill on deprivation of citizenship is an important measure, one that we anticipate will be used in very few cases but which we consider to be necessary to protect the vital interests of the United Kingdom. The measure is very tightly drafted; it falls within the scope of our declaration under the UN Convention on the Reduction of Statelessness and goes no further. Where the power will be used is in the anticipation that the majority of persons concerned can acquire another nationality. The Bill will return our legislation in this area to the position that the United Kingdom held as recently as 2003. There are safeguards, and I know these will be further examined by the House in due course.

Type
Proceeding contribution
Reference
752 cc525-6 
Session
2013-14
Chamber / Committee
House of Lords chamber
Back to top