§ 34. Fiona Mactaggart (Slough)If she will make a statement on appeals against refusals of visit visas to family members of UK residents. [32366]
§ The Parliamentary Secretary, Lord Chancellor's Department (Ms Rosie Winterton)This Government reinstated the right of appeal against refusals of visitor visas to family members of UK residents on 2 October 2000. In the 14 months since the introduction of the appeal right, the Immigration Appellate Authority received 4,975 appeals, 53 per cent. of which were successful at the adjudicator stage. The review report on the operation of the family visitor appeals scheme will be published shortly.
§ Fiona MactaggartI thank the Minister for that reply. The high success rate for appellants in oral hearings—more than 70 per cent. in certain months—suggests that bad initial decisions were taken. What plans does she have to involve adjudicators in preparing information for entry clearance officers to improve the quality of first-stage decisions, so that families need not suffer the distress and expense of appealing against such decisions?
§ Ms WintertonMy hon. Friend makes an important point. The review process will examine how the system works from start to finish, and I can assure her that we are working with the Foreign and Commonwealth Office to establish the role that entry clearance officers should play and whether improvements can be made. We should also examine the information provided to applicants on first going to entry clearance posts and the advice to them on what information they should provide for those initial decisions.
§ Mr. William Cash (Stone)Will the Minister take account of the fact that figures published last October, when the Government last made an announcement on the matter, showed a variation in successful appeals? In November 2000, 18 per cent. were successful, but 45 per cent. were successful in July 2001. Will she be good enough to explain how that can happen, and does not such variation demonstrate the need for greater coherence in the way that such decisions are taken and the criteria given to courts to enable them to reach sensible decisions?
§ Ms WintertonThe whole point of what we are doing is to review the system and all such factors will be taken into account. For example, we are examining the differing 66 success rates of paper and oral appeals. We are looking at the process from start to finish, and as the Home Secretary said last week, the results will be announced shortly. They will take into account the various factors that I have outlined and the issues that the hon. Gentleman has raised.
§ Miss Anne Begg (Aberdeen, South)In constituencies such as Aberdeen, the full range of family members visit surgeries to discuss such matters, and in that respect I have noticed a difference. A relative who is affluent and owns property in their own country will probably be granted a visa first time, but it is very difficult for someone from an impoverished background to secure a visa, even on appeal. My experience therefore suggests a problem. It is far harder for those from poorer backgrounds to visit this country—they are often automatically rejected because they have no home to return to. Are the Government looking into that issue, and can such discrimination be eliminated from the visa system and the appeals system?
§ Ms WintertonThe review will examine the way in which the system works and all aspects of it. Of course, legal help is available for people from poorer backgrounds to enable them to challenge initial decisions. None the less, I take on board my hon. Friend's point and I shall liaise with colleagues in other Departments to see whether anything can be done, perhaps through further research into the matter.
§ Rev. Martin Smyth (Belfast, South)Does the Minister agree that legal help is not always applicable, because the folk concerned cannot get in touch with a particular legal adviser and must chase around from one adviser to another? There is also the reverse problem, which affects people in this country who require visas to visit relatives in other countries. A constituent of mine has a scholarship to go to Africa in March, but is still waiting for a visa. Every time we contacted the authorities, we were told, "We will sort it out as soon as we can and when everything is complete." However, they told us as long ago as last November that everything was indeed complete. Nevertheless, there is still no visa.
§ Ms WintertonIf the hon. Gentleman writes to me about the case he has raised, I will certainly look into it.
Legal assistance can be channelled through the applicant's sponsor, which should make it easier for the applicant to gain access to such assistance. The sponsor's circumstances as well as those of the applicant will be taken into account.