§ Mr. Cyril Smith
asked the Secretary of State for the Home Department (1) what was the difference in circumstances which allowed a would-be immigrant whose case was under consideration to be granted temporary release when applied for by the hon. Member for Bradford, West (Mr. Lyons) and other Government Members, but declined when applied for by the hon. Member for Rochdale;
(2) if he will make a statement as to what are the rules and criteria used by immigration officers at Heathrow in determining whether a would-be immigrant, whose case is under consideration, should be detained or granted temporary release.
§ Dr. Summerskill
The Immigration Act 1971 provides for the temporary admission of persons awaiting a decision to give or refuse leave to enter or pending their removal following refusal of such leave. In deciding whether to grant temporary admission, immigration officers consider each case on its merits, taking into account, in particular, the likelihood that the detainee will comply with any conditions or restrictions imposed and any special factors such as age or health which make detention undesirable.
The hon. Member for Rochdale (Mr. Smith) has written to the Home Office 230W about the case in which he has made representations and a reply will shortly be sent to him. I would add that in the circumstances of this case, temporary admission would not have been appropriate and would not have been granted in response to representations from any hon. Member.