§ Mr. PikeTo ask the Secretary of State for the Home Department what further right of appeal on human rights grounds is available to those who had appeals pending before the Immigration Appeals Authority, or where an in time appeal could have been made, on 2 October 2000. [6034]
§ Mr. BlunkettIn another place, on 20 March 2001,Official Report, House of Lords, columns 153–54W my noble Friend, Lord Bassam, in reply to a question from Lord Lester of Herne Hill, clarified the position of asylum seekers who wished to make a human rights claim under 343W section 65 of the Immigration and Asylum Act 1999. He confirmed that people appealing against immigration decisions made before 2 October 2000 cannot benefit from this appeal right which is not retrospective. But they could make a separate human rights claim and would have the opportunity to appeal except in those instances where the human rights issue had already been considered by the appellate authority or the courts, or there had been findings of fact at an earlier appeal which mean the human rights claim is bound to fail.
However, it has been decided that the exception should not apply to people who had an appeal pending or could have lodged appeals in time to the immigration appeals authority on 2 October 2000. If they make a human rights claim and it is rejected they will be able to make an allegation and we will then give them an opportunity to appeal to the immigration appeals authority.