§ Mr. Devlin
To ask the Secretary of State for the Home Department if he will make a statement about the application for asylum by Harold Martinez, a Colombian national.
§ Mr. Charles Wardle
Mr. Martinez's application was refused and his appeal against this decision was dismissed by both the special adjudicator and the Immigration Appeals Tribunal. In its determination of 4 March this year, the tribunal found that Mr. Martinez did not qualify for asylum as a refugee under the terms of the 1951 United Nations convention on the status of refugees, and that it would not therefore be a breach of that convention to return him to Colombia. However, the tribunal made an extra-statutory recommendation that Mr. Martinez be allowed to remain in the United Kingdom exceptionally. Although such recommendations are not binding on the Secretary of State, the tribunal's comments are being considered and a decision will be made shortly.