HC Deb 07 March 1980 vol 980 cc887-98

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Brooke.]

2.32 pm
Mr. David Stoddart (Swindon).

It is one of the great strengths of our parliamentary system that hon. Members may raise in the House not only matters of great national or international import but the problems and difficulties of the most humble person.

I am therefore able to raise the case of Mr. Christopher Kelzani, a stateless person, who resides in my constituency and who has lived in the United Kingdom for some 10 years but is now faced with being deported to Egypt, a country in which he has never lived, where he has no relatives or friends and which he does not know. No doubt the House will think it odd and almost inconceivable that a man who has lived and worked in this country for 10 years should now be under threat of deportation, but, sadly, that is the case.

My objective in raising the matter is of course to make a final appeal to the Minister to exercise compassion, change his mind and allow Mr. Kelzani to remain in the United Kingdom.

The House will appreciate that there is a long history to this case. Indeed, I have been interceding with the Home Office on Mr. Kelzani's behalf for the past five years. During that period I have written countless letters to Ministers and have met them for face-to-face discussions, but in spite of all my efforts and those of other people and organisations, including Mr. Kelzani's resent employer who thinks highly of him, it has remained the intention of the Home Secretary to send him away from this country.

Mr. Kelzani came to the United Kingdom from the Gaza Strip on 12 August 1970 to undertake a course of study in chemistry, physics and biology at Chippenham technical college. He was at first supported financially by his brothers but unfortunately this assistance ceased in 1971.

As a result of this difficulty, the Home Office was good enough to vary his conditions of entry to allow him to take a job at C. T. Harris and Company, of Calne, in November 1971 and he remained in that job until the end of May 1974. He then, however, obtained another post at Linton and Hurst, of Swindon, as a process worker but, due to an oversight, arrrangements were not made for a variation of his conditions of entry and he was accordingly discharged from that post.

It was around this time that I became interested in Mr. Kelzani's case but the Home Office was unable to agree to permanent residence and further stated that, unless he was able to obtain employment approved by the Department of Employment, he would have to leave the United Kingdom. Mr. Kelzani applied for a number of jobs but the Department of Employment felt unable to give its approval to these posts and has continued to withhold approval.

As a result of these problems and the insistence by the Home Office that he should leave the United Kingdom, Mr. Kelzani took his case before an adjudicator on 26 April 1977. It is important to note that on this occasion the adjudicator, Air Vice-Marshal Ayling, stated that if Mr. Kelzani was not returnable to Egypt, he should be allowed to remain in the United Kingdom.

From that time onward there has been dispute as to whether Mr. Kelzani was returnable to Egypt. The Home Office took the view that since Mr. Kelzani had an Egyptian travel document, he should be allowed to enter Egypt but the Egyptians took a contrary view and refused to issue a visa.

So the case has dragged on and on. I have continued to represent his case because I believed he was being treated unjustly and, to some degree, was being hounded out of this country, which he loves and where he has settled down and made friends.

Because he did not wish to be a charge on the State Mr. Kelzani took employment at the Blunsdon House hotel, where he worked first of all as a kitchen porter, but was later promoted to the post of kitchen hygiene supervisor. Mr. Clifford, his employer and a director of the Blunsdon House hotel, speaks highly of him and wrote to me about him in glowing terms in a letter dated 20 January 1979: Dear Mr. Stoddart,

Chris Kelzani

I am writing to you with reference to Chris Kelzani in the hope that you will be able to convince the Home Secretary to allow him to stay in this country. I know you are very well informed about his background of unfortunate accidental occurrences that now affect his predicament and that we, as his employers, have done everything within our power in the two years he has been working with us to support him in his efforts to regularise his position, including a personal representation at a special Tribunal in Southampton, which appeared to us not to consider his case fully. We feel that as an individual his integrity is above reproach. Since he has been with us as our Kitchen Hygiene Supervisor he has made a significant contribution to our company's standing, including winning the highly coveted Egon Ronay/British Steel Corporation Clean Kitchen Award. Deportation, with nowhere to go, as a result of fated circumstance would be totally unjust to a very genuine person".

It is clear that Mr. Kelzani has been doing useful work, is not a charge on the State and is as acceptable to his employers as he is to those friends and neighbours who know him.

However, in spite of his good work and references, Mr. Kelzani was still under pressure from the Home Office to leave the United Kingdom although it did allow an appeal to an immigration appeal tribunal. Mr. Kelzani was assisted in this appeal by officers of the Community Relations Executive in Swindon and the United Kingdom Immigrants Advisory Service. The appeal was heard on 23 November 1978 but was, unfortunately, dismissed.

Following the dismissal of the appeal, I made further representations and saw the then Minister of State, Home Office—my hon. Friend the hon. Member for Pontypridd (Mr. John)—on 17 January 1979 to try to prevail upon him not to recommend the signing of a deportation order. However, my representations were not successful and I received a letter from the Minister of State dated 2 May 1979 saying that the Home Secretary was being recommended to make a deportation order against Mr. Kelzani.

On 3 May the general election resulted in a change of Government and on 9 May, after the new Government had been formed, I wrote to the new Home Secretary, the right hon. Member for Penrith and the Border (Mr. Whitelaw) appealing to him not to sign the deportation order against Mr. Kelzani, but the appeal was in vain and the deportation order was signed on 24 May.

Mr. Kelzani was ultimately arrested on 13 June 1979 and sent to Horfield prison to await deportation. But that was not the end of the story, for I was appalled to hear at the beginning of July that Mr. Kelzani was still being held at Horfield prison, since he could not be deported to Egypt because the Egyptian authorities would not issue an entry visa in spite of the fact that I had been assured that a visa had been obtained. I took the view that Mr. Kelzani was being wrongly held in custody and that the deportation order was defective and should never have been signed. I therefore made immediate representations to the Home Secretary for his release and raised the matter with the Prime Minister at Question Time in the Commons. Mr. Kelzani was then released from prison on 6 July.

Following this incident, I wrote to the Minister of State on 11 July, saying that I felt that Mr. Kelzani had suffered enough and asked for a meeting to make further representations about his deportation. As the Minister of State knows, I saw him on 2 August 1979 and emphasised a number of points about Mr. Kelzani's case. At that interview I told the Minister that his Department was deserving of censure for allowing Mr. Kelzani to be imprisoned for over three weeks because officials had not assured themselves that he could be sent back to Egypt. I expressed the view that the man had suffered enough and that it would be an act of perversity and cruelty if the Home Office insisted on deportation.

I also stressed at that time, and I want to further stress now, that Mr. Kelzani entered the United Kingdom legally and the only reason why he finds himself in his present position is that he changed his job without the permission of the Department of Employment. He changed his job without permission due to a misunderstanding of his position and not because he wilfully wished to break the rules. His punishment in these circumstances for that peccadillo has been harsh indeed.

I also want to stress again that Mr. Kelzani did enter the United Kingdom legally, had not attempted to disappear and has only wanted to work and make a contribution to society.

Perhaps I should interpolate here, in case the Minister of State brings it up, that Mr. Kelzani did disappear when the police first came to arrest him and take him to Horfield prison. That was due to a real mess-up by the police, who did not turn up at his residence at the time arranged. The man was so terrified of his position that he did disappear for a short time. However, he was quickly picked up and, as I have said, imprisoned—in my view wrongly—at Horfield.

It is an odd quirk of fate that while many people who have entered this country illegally and have remained illegally have had their position regularised, Mr. Kelzani, who has not acted illegally in any true sense, is being sent away.

As I have said, I saw the hon. Gentleman on 2 August last year and urged him to allow Mr. Kelzani to remain in the United Kingdom, but on 13 February I received a letter from him stating that the Egyptian authorities had authorised the issue of a visa for entry to Egypt and that it had been decided to proceed without further delay to implement the deportation order against Mr. Kelzani.

I have, therefore, brought the matter before the House and at this stage I should like to ask the Minister one or two questions.

First, is the Minister satisfied that his action in deporting Mr. Kelzani is in accordance with the United Nations convention on stateless persons and has he been able to convince the United Nations authorities accordingly?

Secondly, is the hon. Gentleman satisfied that Mr. Kelzani will not only be allowed to enter Egypt but that once there he will be entitled to remain there permanently and to take up employment?

Thirdly, is the hon. Gentleman satisfied that once in Egypt Mr. Kelzani will be able to find a place to live and to find remunerative employment?

Fourthly, if the Egytian authorities have given him assurances in writing that Mr. Kelzani has "the right of abode" in Egypt, can the Minister say whether, by giving such permission to Mr. Kelzani, the Egytians have changed their policy towards all those thousands of Palestinians who hold Egyptian travel documents but who, up to now, have had no right of abode in Egypt? Does Mr. Kelzani's case in fact set a precedent which will now be followed in the case of all those other Palestinians holding Egyptian travel documents?

These are important questions, which I hope the Minister will be able to answer.

I have tried to set out Mr. Kelzani's case as fully and as honestly as possible in the time available to me, and the House will, I feel sure, be amazed at the amount of time, effort and money which has been extended over the past five years in trying to get rid of a man who has been a good hard working citizen, who has not been a charge on the State, who is not a waster but a man who has settled down in this country, made friends and done a useful job of work. Here is a man who, through a mere technicality, is being forced out of a country that he loves and where he has done well, to a future which is uncertain and possibly dangerous. All who know Mr. Kelzani and who know of his background are appalled that he should be so harshly treated, and are bewildered by the obstinate refusal of a succession of Ministers to use their compassionate powers to allow him to remain in Britain.

I have persisted with Mr. Kelzani's case for so long because I believe that he has suffered injustice. I believe, even at this late stage, that the Minister should change his mind and exercise his discretion in favour of Mr. Kelzani.

If he does so, he will not be seen to be weak, will not be seen to be suffering defeat, will not be setting any precedents, but will instead be regarded as a humane man having a care for the individual, no matter whom he may be, and at the same time upholding our great British tradition of giving succour to the underdog and providing refuge for the oppressed and the unfortunate.

2.48 pm
The Minister of State, Home Office (Mr. Timothy Raison)

I am the first to acknowledge that the hon. Member for Swindon (Mr. Stoddart) has been consistent in his support for Mr. Kelzani and has, as he said, corresponded with my predecessors and myself on Mr. Kelzani's behalf since 1975. He has also discussed the case at meetings with my immediate predecessor and with me, and many of the details are familiar to him. He has set out many of them in the course of his speech. I hope, however, that he will bear with me while I set out the history of the case as we see it, since it provides the background against which my right hon. Friend decided last May that Mr. Kelzani should be deported.

Mr. Kelzani was born in the Gaza Strip and came here as the holder of an Egyptian travel document. I should make clear that he did not have a work permit but was admitted to the United Kingdom in August 1970 for two months as a student, subject to a condition prohibiting his employment. While he was enrolled at a college of further education, the financial support that he had hitherto enjoyed from his brother, resident in Saudi Arabia, ceased and he was unable to continue with his studies. To help him out of his difficulties he was allowed to take a job approved by the Department of Employment, and he was given extensions of stay for that purpose.

In May 1974 Mr. Kelzani left the job that had been approved for him, and switched to another without permission. The Home Office was not made aware of that until nearly five months later, when he asked to be allowed to settle here. The Department of Employment was unable to approve the post that Mr. Kelzani had improperly taken because there was local unemployed British labour available in the area. His application to settle here could not be granted, but, even so, he was given a chance to submit a fresh offer of employment which could be approved. He was unable to do so, and he had to be supported by social security payments. Mr. Kelzani's application to settle was refused in September 1975. Further leave to remain was refused in December 1975, after another abortive attempt to find work which the Department of Employment could approve, and he was told to leave the country.

Mr. Kelzani had no right of appeal against the Home Office decision, but he was allowed an extra-statutory review of his case by the appellate authorities. In April 1977 the adjudicator upheld the Home Office decision and the tribunal confirmed it the following month. The adjudicator made clear his opinion that Mr. Kelzani had been treated with almost quixotic generosity, and that his troubles were of his own making.

Following that review by the appellate authorities, representations were made on Mr. Kelzani's behalf by the hon. Member for Swindon. They were rejected by the then Under-Secretary of State, the hon. Member for Halifax (Dr. Summerskill) and Mr. Kelzani was twice told to make his arrangements to leave the country. He failed to do so and, as a result, he was arrested by the police and charged with overstaying. He was convicted of this offence and fined.

It then fell to the Home Office to consider enforcing Mr. Kelzani's departure. In addition to the conviction for overstaying, there had been a conviction in September 1975 for assault causing actual bodily harm to a deaf and dumb couple for which offence Mr. Kelzani had been fined.

Mr. Stoddart

The Minister has seen correspondence on that incident. I am sure he knows that it was caused through a misunderstanding, and it was not wilful assault by Mr. Kelzani.

Mr. Raison

The hon. Gentleman said that the assault was apparently forgiven by the couple who were assaulted. However, he was not able to back that up with a letter from the couple. They made it clear when they were approached by the community relations officer for Thamesdown that they were unwilling to discuss the matter or to co-operate in any way. Therefore, I cannot accept the hon. Gentleman's interpretation.

Apart from that, however, Mr. Kelzani had no claim under the immigration rules to remain in Britain, and since it was clear that he had no intention of going voluntarily, in February 1978 he was served with a notice of the then Home Secretary's intention to deport him to Egypt. That decision was taken after the then Under-Secretary of State had considered the further representations from the hon. Member for Swindon. Again Mr. Kelzani appealed first to the adjudicator and thereafter to the tribunal, but, again, both appeals were dismissed. After the dismissal of the appeals, the hon. Member for Swindon had a meeting with my predecessor, the hon. Member for Pontypridd (Mr. John) who, after careful consideration, decided that the case should go to the then Home Secretary for him to consider making a deportation order.

After the change of Government, my right hon. Friend and I gave careful consideration to the case, including all that had been said by the hon Member for Swindon, but we concluded that deportation was the right course and the order was signed by my right hon. Friend on 24 May 1979 and served on Mr. Kelzani on 11 June 1979, when it was discovered that he had apparently lost his Egyptian travel document. He was told to make arrangements for his departure and to meet the police on the following day. In the meantime the police contacted the Egyptian consulate to seek documentation. Mr. Kelzani failed to keep the appointment and was arrested in Bournemouth on 13 June. In view of his attempt to go to ground, he was detained under the deportation order but was subsequently released from custody on 6 July 1979 after representations from the hon Member for Swindon subject to a restriction order requiring him to report weekly to the police.

As my right hon. Friend assured the hon. Member on 12 July 1979 in res- ponce to his parliamentary questions, inquiries had been made of the Egyptian authorities about Mr. Kelzani's admissibility to Egypt before the deportation order was made. I think I should make it clear at this stage that the root cause of his not being deported to Egypt last year was that Mr. Kelzani had mislaid his Egyptian travel document. My right hon. Friend also undertook to consult the London representative of the United Nations High Commissioner for Refugees before Mr. Kelzani was returned to Egypt. This has been done. The United Nations High Commission for Refugees has been informed and agrees that Mr. Kelzani can return to Egypt. It has asked to be informed of his removal to that country so that it or the United Nations Works and Relief Agency in Egypt can keep in touch with the case.

The hon. Gentleman put a number of questions to me, but I cannot answer them straight off. However, I can say that once Mr. Kelzani has been returned to Egypt he will re-acquire the protection afforded by the United Nations Works and Relief Agency. The detailed supervision of Mr. Kelzani's case will he handled by the Cairo office of the United Nations High Commissioner for Refugees, and we have already consulted the London representative of the High Commissioner and will let him know of the deportation arrangements.

I have recently seen a report in the press which the hon. Member did not mention of Mr. Kelzani's friendship with a married woman. It is apparent from that report that the friendship is of recent origin and that it has developed since the signing of the deportation order. I am afraid that I can see in that report no valid reason for deferring Mr. Kelzani's removal.

I acknowledge that Mr. Kelzani has been in the United Kingdom since 1970, but I must point out that he was refused leave to remain in December 1975. He has been able to stay for over four years now by the operation of the appeals system and not least by the efforts of the hon. Member to delay his removal. I do not complain of the hon. Member's efforts but the effect of the resulting delay cannot reasonably be prayed in aid on Mr. Kelzani's behalf. I have again considered the case but, as I informed the hon. Member on 13 February, I understand that Mr. Kelzani will be accepted by the Egyptian authorities and that he will reassume the protection originally afforded by the United Nations Works and Relief Agency. I do not think that anyone could reasonably deny that Mr. Kelzani's case has been given every consideration, and arrangements to implement the deportation order will now proceed.

I must repeat that I do not think that the mere fact that the formal and informal appeal system can be prolonged for so long can be regarded as grounds for allowing someone to stay. If it were, the temptation to spin things out interminably would become even stronger than it already is.

Question put and agreed to.

Adjourned accordingly at three minutes to Three o'clock.