HC Deb 16 July 1993 vol 228 cc671-81W
Mr. Allen

To ask the Parliamentary Secretary, Lord Chancellor's Department how many appeals to the Immigration Appeal Tribunal have been allowed and dismissed in 1992 and the first quarter of 1993.

Mr. John M. Taylor

The information requested is as follows:

Appeals to the Immigration Appeal Tribunal
Allowed Dismissed
19921 249 493
January to March 1993 62 123
1 Complete figures are not available for 1992. The figures given are estimates based on average returns for the eight months of that year for which figures are available.

Mr. Allen

To ask the Parliamentary Secretary, Lord Chancellor's Department what is the average delay listed by each immigration appeals hearing centre (i) between receiving the explanatory statement and papers about a case(a) from a British post overseas and (b) from the Home Office and sending those papers to an appellant or his or her authorised representative and (ii) between the hearing of an immigration appeal by an adjudicator and the despatch of the determination to the appellant or authorised representative.

Mr. John M. Taylor

All appeals to the immigration appellate authorities—IAA—are at present registered at their centre at Thanet House in London. On receipt of an appeal, whether from a British post overseas or from the Home Office, the IAA on average dispatches copies of the case papers to the appellant or his of her authorised representative within five days. The IAA's individual hearing centres do not record the average time between the hearing of an appeal by an adjudicator and the dispatch of the determination to the appellant or authorised representative. It is estimated, however, that the current average time for the IAA as a whole is six to eight weeks.

Mr. Allen

To ask the Parliamentary Secretary, Lord Chancellor's Department how many appeals to immigration adjudicators have been allowed and dismissed in 1992 and the first quarter of 1993, broken down according to the nationality of the appellant and the type of decision appealed against.

Mr. John M. Taylor

The information requested, broken down according to the country where the application was made, is set out in the tables.

Month ending January 1992 to December 1992 Appeal categories—EEC
Number allowed Number dismissed
1. Exclusion—Appeal at Port 3
2. Exclusion—External Appeals 9
3. Refusal of Certificate Entitlement 1
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 1
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees)
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 1
7. Refusal of Entry Clearance requested by female fiancees
8. Refusal of Entry Clearance requested by husbands
9. Refusal of Entry Clearance requested by male fiances 1
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 1
11. Refusal to Vary Leave to Enter 12
12. Decision to make Deportation Order 1

Number allowed Number dismissed
13. Refusal to Revoke Deportation Order 1
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 31

Appeal categories—Bangladesh
Number allowed Number dismissed
1. Exclusion—Appeal at Port 4 16
2. Exclusion—External Appeals 34
3. Refusal of Certificate Entitlement 23 203
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or nances or fiancees) 115 749
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 4 23
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 152 937
7. Refusal of Entry Clearance requested by female fiancees 2 5
8. Refusal of Entry Clearance requested by husbands 50 117
9. Refusal of Entry Clearance requested by male fiances 1 7
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 1 14
11. Refusal to Vary Leave to Enter 5 127
12. Decision to make Deportation Order 1 7
13. Refusal to Revoke Deportation Order 1 1
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 359 2,240

Appeal categories—Ghana
Number allowed Number dismissed
1. Exclusion—Appeal at Port 2 46
2. Exclusion—External Appeals 4 21
3. Refusal of Certificate Entitlement 14 51
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 74 288
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 12
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 6 9
7. Refusal of Entry Clearance requested by female fiancees 1 1
8. Refusal of Entry Clearance requested by husbands 11

Number allowed Number dismissed
9. Refusal of Entry Clearance requested by male fiances 3 2
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 14
11. Refusal to Vary Leave to Enter 8 367
12. Decision to make Deportation Order 5 108
13. Refusal to Revoke Deportation Order 1
14. Giving of Removal Directions 1
15. Destination Only Appeal
TOTAL 117 932

Appeal categories—India
Number allowed Number dismissed
1. Exclusion—Appeal at Port 13
2. Exclusion—External Appeals 1 39
3. Refusal of Certificate Entitlement 6 22
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 687 2,198
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 10 27
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 72 217
7. Refusal of Entry Clearance requested by female fiancees 15 34
8. Refusal of Entry Clearance requested by husbands 67 215
9. Refusal of Entry Clearance requested by male fiances 47 100
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 1 36
11. Refusal to Vary Leave to Enter 24 532
12. Decision to make Deportation Order 2 38
13. Refusal to Revoke Deportation Order 2 2
14. Giving of Removal Directions 1
15. Destination Only Appeal
TOTAL 934 3,474

Appeal categories—Jamaica
Number allowed Number dismissed
1. Exclusion—Appeal at Port 13
2. Exclusion—External Appeals 5 57
3. Refusal of Certificate Entitlement 4 49
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 88 397
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 15

Number allowed Number dismissed
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 18 36
7. Refusal of Entry Clearance requested by female fiancees 1 2
8. Refusal of Entry Clearance requested by husbands 5 18
9. Refusal of Entry Clearance requested by male fiances 2
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 4
11. Refusal to Vary Leave to Enter 6 224
12. Decision to make Deportation Order 2 25
13. Refusal to Revoke Deportation Order 4
14. Giving of Removal Directions 1 4
15. Destination Only Appeal
TOTAL 130 849

Appeal categories—Nigeria
Number allowed Number dismissed
1. Exclusion—Appeal at Port 1 63
2. Exclusion—External Appeals 2 37
3. Refusal of Certificate Entitlement 3 37
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 272 1,989
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 5 27
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 15 33
7. Refusal of Entry Clearance requested by female fiancees 2 2
8. Refusal of Entry Clearance requested by husbands 4 15
9. Refusal of Entry Clearance requested by male fiances 2 1
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 5 36
11. Refusal to Vary Leave to Enter 55 1,259
12. Decision to make Deportation Order 11 362
13. Refusal to Revoke Deportation Order 23
14. Giving of Removal Directions 7
15. Destination Only Appeal
TOTAL 377 3,891

Month ending January 1992 to December 1992
Appeal categories—Pakistan
Number allowed Number dismissed
1. Exclusion—Appeal at Port 1 18
2. Exclusion—External Appeals 2 33

Number allowed Number dismissed
3. Refusal of Certificate Entitlement 20
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 611 2,525
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 4 46
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 166 400
7. Refusal of Entry Clearance requested by female fiancees 10 24
8. Refusal of Entry Clearance requested by husbands 370 842
9. Refusal of Entry Clearance requested by male fiances 79 179
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 1 35
11. Refusal to Vary Leave to Enter 26 515
12. Decision to make Deportation Order 2 45
13. Refusal to Revoke Deportation Order 8
14. Giving of Removal Directions 4
15. Destination Only Appeal
TOTAL 1,272 4,694

Appeal categories—All Other Countries
Number allowed Number dismissed
1. Exclusion—Appeal at Port 10 109
2. Exclusion—External Appeals 55 879
3. Refusal of Certificate Entitlement 15 73
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 672 4,218
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 29 259
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 82 374
7. Refusal of Entry Clearance requested by female fiancees 16 41
8. Refusal of Entry Clearance requested by husbands 21 80
9. Refusal of Entry Clearance requested by male fiances 7 20
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 39 238
11. Refusal to Vary Leave to Enter 118 2,735
12. Decision to make Deportation Order 9 224
13. Refusal to Revoke Deportation Order 2 17
14. Giving of Removal Directions 19
15. Destination Only Appeal
TOTAL 1,079 9,186

Month ending January 1993 to March 1993
Appeal categories—EEC
Number allowed Number dismissed
1. Exclusion—Appeal at Port 1
2. Exclusion—External Appeals
3. Refusal of Certificate Entitlement
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees)
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees)
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents
7. Refusal of Entry Clearance requested by female fiancees
8. Refusal of Entry Clearance requested by husbands 1
9. Refusal of Entry Clearance requested by male fiances
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2))
11. Refusal to Vary Leave to Enter
12. Decision to make Deportation Order
13. Refusal to Revoke Deportation Order
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 1 1

Appeal categories—Bangladesh
Number allowed Number dismissed
1. Exclusion—Appeal at Port 3
2. Exclusion—External Appeals 5
3. Refusal of Certificate Entitlement 4 36
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 44 219
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 4
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 20 143
7. Refusal of Entry Clearance requested by female fiancees 1
8. Refusal of Entry Clearance requested by husbands 12 33
9. Refusal of Entry Clearance requested by male fiances 2
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2))
11. Refusal to Vary Leave to Enter 2 26
12. Decision to make Deportation Order 1 5
13. Refusal to Revoke Deportation Order

Number allowed Number dismissed
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 84 476

Appeal categories—Ghana
Number allowed Number dismissed
1. Exclusion—Appeal at Port 3
2. Exclusion—External Appeals 6
3. Refusal of Certificate Entitlement 2
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 32 114
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 1
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 2 9
7. Refusal of Entry Clearance requested by female fiancees
8. Refusal of Entry Clearance requested by husbands 2
9. Refusal of Entry Clearance requested by male fiances
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 2
11. Refusal to Vary Leave to Enter 2 77
12. Decision to make Deportation Order 41
13. Refusal to Revoke Deportation Order
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 36 257

Appeal categories—India
Number allowed Number dismissed
1. Exclusion—Appeal at Port 2
2. Exclusion—External Appeals 1 5
3. Refusal of Certificate Entitlement 1 7
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 169 393
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 1 6
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 17 66
7. Refusal of Entry Clearance requested by female fiancees 6 11
8. Refusal of Entry Clearance requested by husbands 21 55
9. Refusal of Entry Clearance requested by male fiances 15 26

Number allowed Number dismissed
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 8
11. Refusal to Vary Leave to Enter 6 93
12. Decision to make Deportation Order 16
13. Refusal to Revoke Deportation Order 1 1
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 238 689

Appeal categories—Jamaica
Number allowed Number dismissed
1. Exclusion—Appeal at Port 1
2. Exclusion—External Appeals 2 19
3. Refusal of Certificate Entitlement
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 15 57
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees)
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 2 4
7. Refusal of Entry Clearance requested by female fiancees 1 1
8. Refusal of Entry Clearance requested by husbands 1 3
9. Refusal of Entry Clearance requested by male fiances 1
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 3
11. Refusal to Vary Leave to Enter 6 77
12. Decision to make Deportation Order 10
13. Refusal to Revoke Deportation Order 1
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 27 177

Appeal categories—Nigeria
Number allowed Number dismissed
1. Exclusion—Appeal at Port 1 8
2. Exclusion—External Appeals 15
3. Refusal of Certificate Entitlement 3 8
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 91 542
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 7

Number allowed Number dismissed
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 11
7. Refusal of Entry Clearance requested by female fiancees 1 1
8. Refusal of Entry Clearance requested by husbands 1 5
9. Refusal of Entry Clearance requested by male fiances
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 4
11. Refusal to Vary Leave to Enter 12 251
12. Decision to make Deportation Order 100
13. Refusal to Revoke Deportation Order 1
14. Giving of Removal Directions 1
15. Destination Only Appeal
TOTAL 109 954

Appeal categories—Pakistan
Number allowed Number dismissed
1. Exclusion—Appeal at Port 7
2. Exclusion—External Appeals 3
3. Refusal of Certificate Entitlement 1 3
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 184 437
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 2 3
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 21 70
7. Refusal of Entry Clearance requested by female fiancees 2 3
8. Refusal of Entry Clearance requested by husbands 84 155
9. Refusal of Entry Clearance requested by male fiances 13 21
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 2 7
11. Refusal to Vary Leave to Enter 2 105
12. Decision to make Deportation Order 22
13. Refusal to Revoke Deportation Order 1
14. Giving of Removal Directions
15. Destination Only Appeal
TOTAL 311 837

Appeal categories—All Other Countries
Number allowed Number dismissed
Exclusion—Appeal at Port 15
Exclusion—External Appeals 20 214

Number allowed Number dismissed
3. Refusal of Certificate Entitlement 3 21
4. Refusal of Entry Clearance for Temporary purposes (not husbands or wives or fiances or fiancees) 174 1,156
5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) 8 49
6. Refusal of Entry Clearance requested by Wives and Children, other dependent relatives and returning residents 41 82
7. Refusal of Entry Clearance requested by female fiancees 5 10
8. Refusal of Entry Clearance requested by husbands 10 33
9. Refusal of Entry Clearance requested by male fiances 1 9
10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S. 14(2)) 1 50
11. Refusal to Vary Leave to Enter 14 456
12. Decision to make Deportation Order 95
13. Refusal to Revoke Deportation Order
14. Giving of Removal Directions 4
15. Destination Only Appeal
TOTAL 277 2,194

Mr. Allen

To ask the Parliamentary Secretary, Lord Chancellor's Department what arrangements he has made to deal with the effects of the right of appeal for all refused asylum-seekers provided in the Asylum and Immigration Appeals Act 1993; and if he will make a statement.

Mr. John M. Taylor

The Lord Chancellor will designate 16 full-time and 15 part-time adjudicators to act as special adjudicators. These will be appointed from the cadre of experienced immigration adjudicators and will deal with appeals by refused asylum seekers under the Act. In addition, a new regional centre has been opened at Hatton Cross, near Heathrow airport, which will provide 15 hearing rooms; this has replaced the five hearing room centre at Harmondsworth which has been closed.