Immigration Controls (Hansard, 9 May 2001)

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258–59), how they and the Immigration Service will define and identify a member of the Roma ethnic group for the purpose of the authorisation permitting the Immigration Service to discriminate against members of this ethnic group; and [HL2062]

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258–59), how they and the Immigration Service intend to define and identify whether a person is a "Tamil" for the purpose of the authorisation permitting the Immigration Service to discriminate against members of this ethnic group; and whether they include in this definition Tamils from India, Pakistan, Sri Lanka, Malaysia, Canada, the United Kingdom and elsewhere; and [HL2061]

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258–59), what are the particular adverse consequences for members of each ethnic group identified in the authorisation permitting the Immigration Service to discriminate on the grounds of ethnic or national origin in the examination of passengers made on 1 May; and [HL2060]

194WA

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258–59), what is the precise nature of the discrimination on the basis of ethnic or national origin by the Immigration Service in the examination of passengers which is permitted by authorisation made on 1 May; and [HL2059]

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258—59), whether they will identify the particular risks posed to the effective operation of immigration controls by each of the following: Tamils, Kurds, Pontic Greeks, Roma, Somalis, Albanians, Afgans and ethnic Chinese presenting a Malaysian or Japanese passport or any other travel document issued by Malaysia or Japan. [HL2058]

§ Lord Bassam of Brighton

Immigration Service staff will take into account a combination of different indicators in identifying relevant ethnic or national groups for the purpose of operating the immigration control in accordance with the authorisation announced on 1 May. These will include language or dialect spoken, geographical origin, pattern of travel and, where relevant, the passenger's apparent lineage. In some cases, the passenger's ethnic or national origin will be known from intelligence received or from statements made by the passenger. In other cases it may become apparent from answers to routine questions posed at the control or on the landing card. The authorisation will be used by officials responsibly and with due care. The authorisation applies to passengers of Tamil ethnic or national origin, irrespective of their nationality, because of the wide range of national travel documents used in attempted illegal entry by some members of this group and because of the attempted abuse of asylum provisions by those persons purporting to be fleeing persecution in Sri Lanka who are in fact nationals of other countries.

The particular adverse consequences for passengers in the groups covered by the authorisation are that they may be delayed at the immigration control longer than other persons in the same circumstances and may have conditions attached to their leave to enter or temporary admission. Where a passenger in one of the groups concerned meets the requirements of the Immigration Rules, this delay might only be a matter of minutes or there may be no delay at all if the immigration officer does not consider that a closer examination is necessary.

The authorisation provides that an immigration officer may, in respect of the groups covered by the authorisation, by reason of a passenger's ethnic or national origin subject them to a more rigorous examination than other person in the same circumstances. The officer may exercise powers under Schedule 2 to the Immigration Act 1971, namely: requiring someone to submit to further examination; requiring them to furnish information and documents; examining and detaining their documents; searching them; detaining them pending further examination;

The officer may impose a condition or restriction on someone's leave to enter or their temporary admission. 195WA They may also decline to give someone notice of grant or refusal of leave to enter in a form permitted by Part III of the Immigration (Leave to Enter and Remain) Order 2000.

In assessing the risk to the control posed by the groups listed in the authorisation, my honourable friend the Home Office Minister of State (Mrs Roche) has taken into account statistical evidence and other intelligence material. Statistical data are not held on Tamils as an ethnic group, but Sri Lankans of non-Tamil ethnic origin do not constitute a significant threat to the immigration control. In 2000, there were 3,592 inadequately documented arrivals by Sri Lankans in the United Kingdom: 91 of these cases involved false passports, 44 cases involved false or no visa and 39 cases involved impersonation. In 2000, there were 1,733 and 3,086 inadequately documented arrivals from Iraq and Turkey respectively. Asylum statistics confirm that Kurds comprise the vast majority of irregular migrants arriving in the United Kingdom from those countries. In 2000, the Immigration Service encountered 204 cases of Greek passport abuse, many involving nationals of the Former Soviet Union. In 2000, the Immigration Service detected 223 attempts to enter the United Kingdom using forged or counterfeit passports by nationals of the Czech Republic, Poland and Slovakia. Asylum statistics confirm that Roma comprise the vast majority of irregular migrants arriving in the United Kingdom from those countries. In 2000, there were 1,099 inadequately documented arrivals from Somalia and 2,654 the previous year. In 1999, there were 1,993 inadequately documented Albanian arrivals, although the figure declined in 2000. In 2000, the Immigration Service detected 92 cases involving abuse of Japanese travel documents and 84 cases involving abuse of Malaysian travel documents in total. Chinese nationals seeking to circumvent the immigration control have been most commonly identified using these and, to a lesser degree, other documents.