HC Deb 19 October 1992 vol 212 cc47-9W
Mr. Allen

To ask the Secretary of State for the Home Department what discussions the United Kingdom Government have taken part in relating to EC-wide measures to introduce compulsory fingerprinting for all asylum seekers.

Mr. Charles Wardle

EC Immigration Ministers meeting in The Hague in December 1991 agreed that a feasibility study should be undertaken of a Communitywide system for matching the fingerprints of asylum applicants in order to detect multiple and successive applications being made in different member states. This work is continuing.

Mr. Allen

To ask the Secretary of State for the Home Department how many asylum seekers were detained in Her Majesty's prisons during the past 24 months; and what was the most frequent period of custody to the nearest month.

Mr. Charles Wardle

The information is not available in the form requested. However, on 7 October 1992 a total of 138 asylum seekers had been detained in prisons, including Haslar, for more than seven days. Of these 32 had been detained for less than one month, 20 for between one and two months, 46 between two and six months and 40 for over six months.

Mr. Allen

To ask the Secretary of State for the Home Department what inquiries immigration officials will be required to make of immigration officials in another member state in order to assure the admissibility of an asylum seeker being returned to another member state under the 1990 Dublin convention, before such person is so returned.

Mr. Charles Wardle

Under the terms of articles 11 and 13 of the Dublin convention (Cm. 1623), where a member state considers that another member state is responsible for examining an application for asylum it may request that member state to take charge of or take back the applicant. That member state is obliged to respond to the request within specified timescales, and in so doing it will indicate whether or not the applicant is admissible to its territory.

Mr. Allen

To ask the Secretary of State for the Home Department what level of seniority an immigration officer must have to make a decision to return an asylum seeker to another member state of the European Community as permitted by the 1990 Dublin convention and whether such a decision will be reached and implemented without a reference to the asylum and special cases unit at the immigration and nationality department.

Mr. Charles Wardle

All decisions to refuse an application for asylum are taken by the asylum and special cases division and not by immigration officers. This will remain the position when such decisions are made under the terms of the Dublin convention (Cm. 1623).

Mr. Allen

To ask the Secretary of State for the Home Department what safeguards will be taken to ensure that all relevant information, including the presence of family members, which affects the member state responsible for determining an asylum application under the 1990 Dublin convention, is obtained and considered before a decision is reached.

Mr. Charles Wardle

Article 15 of the Dublin convention (Cm. 1623) provides that each member state shall communicate to any member state which requests it such information on individual cases as is necessary for determining the member state responsible for examining an application for asylum. The member state that forwards the information must ensure that it is accurate and up to date. The applicant has the right to know what information is being exchanged concerning him or her and to have it corrected or erased if it is inaccurate. Where the removal of an asylum applicant is contemplated on third country grounds the applicant will also be invited as at present to explain why the United Kingdom should be considered the most appropriate country of refuge, and if there are any compassionate factors or family links which weigh against removal. All these matters will be considered before a final decision on removal is made.

Mr. Allen

To ask the Secretary of State for the Home Department what precautions are taken under the 1990 Dublin convention to ensure that all information about the identity of the asylum seeker and the nature of his application are kept confidential and are not revealed to unrelated third parties, including crew members of carriers.

Mr. Charles Wardle

Article 15 of the Dublin convention (Cm 1623) contains safeguards on the transmission and storage of information about asylum applicants. It sets limits on what information may be exchanged between member states on individual asylum applicants for the purposes of implementing the convention and requires that information shall be exchanged only between specially designated authorities in each member state. The article requires all exchanges of information to be recorded and limits the period during which information can be retained. It requires any computerisation of such information to be compatible with the 1981 Strasbourg convention on data protection. Crew members of carriers or other third parties are not informed of the basis of a person's application for admission or further leave to remain in the United Kingdom.

Mr. Allen

To ask the Secretary of State for the Home Department what are the latest proposals of the group of EC Ministers concerned with immigration on the position of a person who is being removed or deported through another member state who applies for political asylum in transit.

Mr. Charles Wardle

No specific proposals have been made, but in general these circumstances are covered by the convention determining the state responsible for examining applications for asylum lodged in one of the member states of the European Communities— the Dublin convention, Cm 1623. Article 3.1 of the convention makes it clear that every application for asylum will be considered by one of the member states. Which member state is responsible will depend upon the precise circumstances of the case.

Mr. Allen

To ask the Secretary of State for the Home Department what was the total cost in producing and processing the Asylum Bill in Session 1991–92.

Mr. Charles Wardle

The readily available information suggests that staff costs of £48,000 were incurred in the Home Office.

Mr. Allen

To ask the Secretary of State for the Home Department if he will make a statement on the numbers of staff who determine asylum claims; and how many of the proposed number are now in post.

Mr. Charles Wardle

On 1 October 1992 there were 495 staff in post in the asylum division. Of those, 350 staff, including clerical support, are involved in the determination of asylum claims. Present plans provide for the total number of staff in the asylum division to rise further, to about 550, next year.

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