HL Deb 23 October 2000 vol 618 cc12-3WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether, and if so how, the Immigration Appeals Tribunal and adjudicators were warned by the Home Office that they would not be empowered to protect the human rights of asylum seekers and would-be immigrants in appeals relating to decisions taken before 2 October. [HL4169]

Lord Bassam Brighton

A draft of the Immigration and Asylum Act 1999 (Commencement No. 6, Transitional and Consequential Provisions) Order 2000 was sent to the deputy president of the tribunal, who responded on 3 August. The draft made it plain that Section 65 of the 1999 Act was not retrospective. After the order was made, it was given to and discussed informally with two senior members of the tribunal as well as Non Governmental Organisation representatives at an Immigration and Nationality Directorate workshop on 17 September.

It is a matter for the immigration Appeals Authority as to how information is distributed to individual members of the judiciary.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they will ensure that those who come before the adjudicators of the Immigration Appeal Tribunal, and are prevented by the Immigration and Asylum Act 1999 (Commencement No. 6, Transitional and Consequential Provisions) Order 2000 from raising human rights relating to decisions taken before 2 October, are informed by the Home Office of their right to raise human rights issues when a decision is made to remove them. [HL4170]

Lord Bassam of Brighton

If someone who has appealed against a decision taken before 2 October believes that his removal would be in breach of his human rights the onus is for them to say so—as would be the case if they wished to claim asylum. They should not wait until the arrangements have been made for their departure. If a human rights claim is made and refused, the applicant will be made aware of his or her appeal rights under the Immigration and Asylum Act 1999.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the opportunity to raise human rights objections to removal will apply to certified appeals under paragraph 5 of Schedule 2 to the Asylum and Immigration Appeals Act 1993 where the adjudicator upholds the certificate, so as to prevent the unsuccessful appellant's summary removal without consideration of human rights objections. [HL4171]

Lord Bassam of Brighton

Yes. The opportunity to raise human rights objections to removal is not affected by the provisions of paragraph 5 of Schedule 2 to the Asylum and Immigration Appeals Act 1993.

Lord Lester of Herne Hill

asked Her Majesty's Government:

What are the reasons for the decision to deprive adjudicators and the Immigration Appeal Tribunal of the power to consider human rights issues in appeals against decisions made before 2 October. [HL4172]

Lord Bassam of Brighton

The new appeal provision in the Immigration and Asylum Act 1998 for appeals on the grounds that a decision breaches someone's human rights under Section 6(1) of the Human Rights Act (HRA) 1998 was not made retrospective because the HRA did not come into force until 2 October. Where someone wishes to claim such a breach, the Government believe it right that the Secretary of State should have the opportunity to consider that claim before it is the subject of an appeal.