HC Deb 25 March 1991 vol 188 cc270-1W
Mr. Darling

To ask the Attorney-General what is the average time between the lodging of an appeal and its determination by an immigration appeal tribunal.

The Attorney-General

It is estimated that in those cases where leave to appeal is granted the average time between the lodging of an appeal and its determination by the immigration appeal tribunal is four to six months, depending on the length of time it takes the parties to prepare for the hearing.

Mr. Darling

To ask the Attorney-General how many cases were pending hearing before the immigration appeal tribunals on(a) 1 March 1989, (b) 1 March 1990 and (c) 1 March 1991, respectively; and if he will make a statement.

The Attorney-General

The information required is set out in the table:

Number of cases pending before the immigration appeal tribunal
Number
(a) 1 March 1989 262
(b) 1 March 1990 177
(c) 1 March 1991 360

The immigration appeal tribunal received 35 per cent. more cases in 1990 than in 1989, which accounts for the rise in the number of cases pending as at 1 March 1991. Additional resources have been made available to the IAT to cope with the increased work load, and the Lord Chancellor's Department will keep the IAT's work load under close review to ensure that the number of outstanding cases is kept as low as possible.

Mr. Gorst

To ask the Attorney-General how soon Ramesh Kumar's appeal against refusal of entry clearance to the United Kingdom on 22 January will be heard; and whether any regard will be taken of compassionate circumstances surrounding the case when the date for hearing is fixed.

The Attorney-General

Mr. Kumar's appeal papers were received at the immigration appellate authorities (IAA) in London on 13 March 1991. On 15 March 1991 the IAA despatched the case papers to Mr. Kumar in India requesting that he nominate a representative by 15 May 1991. Once Mr. Kumar nominates a representative in the United Kingdom, and the representative has prepared for the hearing, the IAA will aim to list the case within two to three months. The listing of immigration appeal hearings is a matter for the IAA which gives full consideration to all requests made to it from either party for the early hearing of an appeal.

Mr. Gorst

To ask the Attorney-General whether, under the provisions of section 22 of the Immigration Act 1971, an appellant against the refusal of entry into the United Kingdom as the spouse of a British citizen, has the right to be represented al: an adjudication or before a tribunal by an hon. Member.

The Attorney-General

The Immigration Appeals (Procedure) Rules 1984 (SI 1984/2041) made under section 22 of the Immigration Act 1971 state that in proceedings before the immigration appellate authorities (IAA) the appellant, with the leave of the IAA, may be represented by any person appearing to the IAA to be acting on the appellant's behalf.