§ 2.43 p.m.
§ LORD BROCKWAYMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether they will authorise the Secretary of State for Home Affairs (1) to publish rules setting forth the criteria under which immigrants who have arrived in this country illegally after March, 1968, and who have obtained a status or irremovability shall be allowed to remain here and (2) to provide that any immigrant refused permission to stay should have the right to state his case to the Immigration Appeals Tribunal whose decision shall be regarded as binding.
THE MINISTER OF STATE, HOME OFFICE (VISCOUNT COLVILLE OF CULROSS)My Lords, I have, I am afraid, rather a long Answer. As I made clear in this House on June 12, and as my right honourable friend the Home Secretary confirmed in another place on June 26, all the circumstances of the case will be taken into account when a decision is being made whether or not an illegal 501 entrant who came here before the beginning of this year should be sent away—age; length of time in the United Kingdom; strength of connections, if any, with this country; personal history, including character, conduct, employment record and the like; domestic and family circumstances; medical condition; any factors inviting compassionate treatment and any representations received.
My right honourable friend has considered very carefully the suggestion that he should publish rules establishing who will and who will not be allowed to stay here, but he has decided that attempting to define precisely in advance the strength and nature of each factor that should be decisive would introduce undue rigidity and would not necessarily be to the benefit of the illegal entrant. He considers that it is better that each case should be considered, as he has promised, personally and individually by a Minister in the light of the circumstances I have mentioned. As to the second part of the Question, my right honourable friend is not persuaded that it would be right to transfer the responsibility for making these decisions from him to a tribunal. Anyone sent away will have the same right of appeal when he has left this country as a person who is refused leave to enter and who does not hold a work permit, visa or entry certificate. To give a special right of appeal exercisable in this country to illegal entrants would put them in a more favourable position than those who seek to enter this country openly and are refused entry.
§ LORD BROCKWAYMy Lords, may I thank the noble Viscount for that very full reply? And may I ask whether he is aware that very many immigrants now are bewildered and uncertain about their position? Is it not likely that there will be so many who are involved that it will be difficult for the Home Secretary to exercise his discretion personally? In saying that, I want to acknowledge that I have had very considerate response when I have raised these issues on individual cases. Would it not be better, not only for the sake of the immigrants but also for the sake of the officials who have to deal with this matter, that precise rules should be indicated to them?
VISCOUNT COLVILLE OF CULROSSMy Lords, I must take it from the noble 502 Lord, who is always well informed in these matters, that people are bewildered. As to the numbers, I have always said, and this has been repeated, that I do not know how many there are. I am glad that the noble Lord himself, and I hope others, have had considerate response. We think that to lay down rigid criteria would be a mistake. There are many circumstances where one has to take together a large number of different factors and balance them out in order to get a fair decision. To lay down rules would be to pick upon one particular thing or another particular thing which might be entirely inappropriate for an overall decision. We believe that the approach that I have described is in the end fairer to the people concerned and gives a more just result.
§ LORD BROCKWAYMy Lords, may I ask the noble Viscount a further question about the second point which I raised? Why should not these people have a right of appeal to the Immigration Appeals Tribunal? Is he aware that I have found from my own experience that that Tribunal has acted very fairly in the case of those who have been threatened by deportation? Would it not be better that the interpretation of the law should be allowed to a Tribunal of that character rather than be left to the responsibility of an individual?
VISCOUNT COLVILLE OF CULROSSMy Lords, the immigrant has an appeal to the Tribunal after he has left this country, but on limited grounds only. Like everybody else who comes here without the necessary documentation, he has limited grounds of appeal, but not on the merits of the case. First of all it would require legislation to give him an appeal on the merits, and, secondly, we think that the procedure that I have already outlined is a fairer, and indeed a quicker method of dealing with it.
§ LORD BROCKWAYMy Lords, does not the noble Viscount know that that answer does not deal with the problem at all? This person has the right to appeal after he has left this country. Is it not the case that those who may be threatened with deportation at Heathrow or anywhere else now have the automatic right to go to the Appeals Tribunal? Why should not immigrants who have been 503 given permission to remain in this country have the same right to go to the Tribunal?
VISCOUNT COLVILLE OF CULROSSMy Lords, the whole point is that they have not been given leave to enter into this country. They may have acquired some de facto status, but that is not the same. If a person who comes here perfectly lawfully but without the necessary documentation, such as an entry permit, has to go home before he can appeal, we think the same ought to apply to people who have come here surreptitiously and illegally—that they also should go home. I am sorry, but I have explained this before, and we must stand firm on it; otherwise, it would be very unfair indeed.
§ LORD MAYBRAY-KINGMy Lords, would not the noble Viscount agree that it would be wrong if the illegal immigrant were placed in an advantageous position compared with those who are waiting in the queue to come here legally?
VISCOUNT COLVILLE OF CULROSSYes, My Lords; I agree with the noble Lord, and it is a point that I have attempted to make several times. I think that we must take account of those who are waiting and coming here in the proper way, and perhaps having to be very patient indeed about it.