Katerina and Vassilis Nicola (Hansard, 21 June 1985)

§ Lord Brockway
My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

§ The Parliamentary Under-Secretary of State, Home Office (Lord Glenarthur)
My Lords, Mr. and Mrs. Nicola, whose case has been carefully considered by Ministers of different governments and the independent appellate authorities, were made the subjects of deportation orders on 15th October 1979. We can see no reason to vary the decision to return them to Cyprus.

§ Lord Brockway
My Lords, while appreciating the restraint of the Government in not deporting Mr. and Mrs. Nicola during the three months that they were in sanctuary in an Anglican church, may I ask whether the Government will reconsider this matter for three reasons? Will he confirm that in 1974 refugees who came were given indefinite leave to remain. Is the noble Lord aware that Mr. Nicola was unable to come in 1974 because he was conscripted into the army to fight the Turkish invasion? Thirdly, since it has been suggested that Mr. and Mrs. Nicola were in hiding and taking part in deception, will the Minister make inquiries to find out whether they went to the police in a quite open way?

§ Lord Glenarthur
My Lords, the fact is that Mr. and Mrs. Nicola are not refugees, and they fall well outside the concession applied to displaced Cypriots. They have practised deception; they have ignored our laws and have gone into hiding to evade enforcement action. Their case has been reviewed, as I have said, on numerous occasions by Ministers of different governments and their appeals against deportation have been turned down by the independent appellate authorities. There are no strong compassionate features. Mr. and Mrs. Nicola are comparatively 486 young and it would be unfair to many law-abiding people if the couple were to benefit from their unlawful behaviour.

§ Lord Mishcon
My Lords, I wonder whether the Minister would be good enough to clarify the situation in regard to what I believe are the 1,400 Cypriots who are in this country and who did not come here immediately after 1974. Does he know that many of them were in refugee camps and could not get here before they in fact arrived? Whatever may be the facts of the particular case that my noble friend has brought to the attention of the Minister and the House, is the Government's policy to be merciful to those people and to bring them within the main Government policy in regard to Cypriot refugees?

§ Lord Glenarthur
My Lords, I think that the noble Lord is referring to the case of the people who came over here as a result of the Cyprus war. I think that is the point that he is trying to make. The wholly exceptional treatment for citizens of Cyprus as a result of the events there in 1974 applied only to those legally resident at the time when it was announced in 1982. It was made clear that that did not apply to those who had overstayed or otherwise disregarded the law. As I have said, Mr. and Mrs. Nicola have been here unlawfully for over nine years.

§ Lord Monson
My Lords, will the noble Lord not agree that this whole affair would appear to be something of a propaganda stunt directed against Turkey, and to a lesser extent against Britain, in that nearly all Turkish Cypriots who formerly lived in the South and the West of Cyprus have now gone to live in the North, and conversely most Greek Cypriots who formerly lived in the North and North-East have now gone to live in the South and West; and that thanks to the commercial drive and initiative displayed by the Greek Cypriots, the economy is booming, there are plenty of jobs available and that there is therefore no need for this couple to come to live in England?

§ Lord Glenarthur
My Lords, that is an interesting interpretation.

§ Lord Brockway
My Lords, if I heard the Minister aright, he said that Mr. and Mrs. Nicola are not genuine refugees. Is it not a fact that they were expelled from their home by the Turkish invaders; that they lived as refugees in appalling conditions in camps: and that Mr. Nicola was conscripted and prevented from coming to this country in 1974 when, if he had done so, he would have had indefinite leave? I beg the Minister to look at this issue again in a sympathetic way.

§ Lord Glenarthur
My Lords, they are not refugees; they are nationals of Cyprus and can and should look to the Greek Cypriot authorities in Southern Cyprus from which they have no well-founded fear regarding protection from persecution. In these circumstances, they fall outside the provisions of the United Nations convention relating to the status of refugees to which both the recognised governments of Cyprus and the United Kingdom are parties.

§ Lord Caradon
My Lords, is not the Minister aware of the very strong feelings that exist in this country and in Cyprus about this case? Is he not aware that the belief is that there has been inadequate attention paid to the difficulties of these people in wishing to return to Cyprus to find a place where they can live in security and to good effect? Is it not right that, in spite of the delay that has taken place, there should be another look at this particular case which internationally, in our own country and in Cyprus, has aroused such strong feelings? Would the Minister not be prepared to look once more to see whether it would not be to the credit of this country to look at this case with sympathy and compassion yet again?

§ Lord Glenarthur
My Lords, every case is looked at on its own merits. The fact is that if in this case we were to do what the noble Lord and others suggest it would be unfair to a great many other people who have been in a similar position but who have not deceived in the way that this couple have.

§ Lord Stallard
My Lords, would not the noble Lord the Minister agree that this European decision may well have given us the opportunity to review the tragic human circumstances of many of those people who had to flee from Cyprus following 1974? Is he aware, too—and he must be getting the feeling of Members of this House—that there is a great deal of support from all strands of public opinion outside this House, particularly for the case of Mr. and Mrs. Nicola and for others like them? The only difference between these and most of those who were already given leave to remain is that they spent some time after 1974 in refugee settlement camps in different parts of Cyprus, as has already been mentioned by my noble friend Lord Brockway. They then fled to this country. We feel, and many who have studied this case feel, that there is merit in this case being reconsidered, and that Mr. and Mrs. Nicola should be allowed to remain.

§ Lord Glenarthur
My Lords, I have nothing to add to what I said earlier. Each case is looked at on its merits. As I have said, when they arrived, these people deceived the immigration authorities. They then disappeared and went into hiding. The fact is that the European Court judgment is not connected with this case. The European Parliament is free to discuss what it likes; but we have to look at each case on its own merits.

§ Lord Brockway
My Lords, may I ask the Minister whether the Government will bear in mind the unfortunate effect which the decision in this case and in other cases is making on our reputation in Europe? This extraordinary majority in the European Parliament and the recent decision of the European Court, indicate how this country is getting a bad name for dealing with such cases.

§ Lord Glenarthur
My Lords, I do not think that I can say anything other than repeat what I said earlier. The fact is that the European Parliament voted on this issue without even discussing it. I think that your Lordships might feel that is a rather strange way to proceed.

Noble Lords
Hear, hear!