§ Mr. MalinsTo ask the Secretary of State for the Home Department what existing sources of free competent legal representations are available to destitute asylum appellants ineligible for benefits to pursue appeals against refusal of refugee status. [35904]
§ Mr. Mike O'BrienThe Immigration Advisory Service and The Refugee Legal Centre provide free legal representation to asylum appellants. It is also open to appellants to seek assistance from other voluntary bodies.
§ Mr. MalinsTo ask the Secretary of State for the Home Department what was the success rate for asylum appellants at appeals hearings before the Immigration Appellate Authority who are (i) legally represented and (ii) unrepresented in the latest period for which figures are available. [35907]
§ Mr. Mike O'BrienI regret that the requested breakdown is not available because the figures are not held in a form which would enable us to provide the information accurately.
§ Mr. MalinsTo ask the Secretary of State for the Home Department what provision he has made to ensure that destitute asylum appellants who are ineligible for benefits can afford to pay for legal representation on their appeals against refusal of refugee status. [35905]
232W
§ Mr. Mike O'BrienThe Home Office makes grants under section 23 of the Immigration Act 1971 to the Refugee Legal Centre and the Immigration Advisory Service which provide free advice and representation to people with rights of appeal under immigration and asylum legislation. In 1997/98, the total grant paid to the two organisations will be just under £5.9m.
§ Mr. BurstowTo ask the Secretary of State for the Home Department if he will list the criteria used to determine which asylum seekers will be sent to Category A prisons; and on what grounds asylum seekers are currently held in such prisons. [36227]
§ Mr. Mike O'BrienAbout half of those people detained under Immigration Act powers are housed in immigration detention centres, which are run on the lines of secure hostels. Some, however, are held in Prison Service accommodation, generally because their current behaviour or past history indicates that they require a greater level of control or supervision than can be provided in immigration accommodation. Such persons who are placed in prison custody, some of whom will be asylum seekers, are subject to Prison Rules made under section 47(1) of the Prison Act 1952 which empowers the Secretary of State to make rules for, among other things, the classification, discipline and control of prisoners. Rule 3 of the Prison Rules 1995 provides for the classification of prisoners
`in accordance with any directions of the Secretary of State, having regard to their age, temperament and record with a view to maintaining good order'.In accordance with guidance contained in the Prison Service Manual on Security, prison staff are required, on reception into prison custody, to report to Prison Service Headquarters the cases of those prisoners who, on the information available, may need to be placed in Category A. Category A, the highest security category, is applied to those prisoners whose escape would be highly dangerous to the public or the police or the security of the State, no matter how unlikely that escape might be; and for whom escape must be made impossible.
§ Mr. MalinsTo ask the Secretary of State for the Home Department what plans he has to grant(a) an amnesty and (b) exceptional leave to remain in the United Kingdom to those whose asylum appeals are still outstanding. [36440]
§ Mr. Mike O'BrienWe are reviewing all aspects of the asylum system, including how best to deal with the backlogs inherited from the previous administration, but have no plans to grant a general amnesty.