HC Deb 15 January 2004 vol 416 cc893-4W
Mr. Lidington

To ask the Secretary of State for the Home Department (1) what his policy is on returning to Zimbabwe people from that country who have made an unsuccessful claim for asylum in the United Kingdom; [145301]

(2) what his policy is on granting exceptional leave to remain to Zimbabwean nationals who claim asylum in the United Kingdom. [145302]

Beverley Hughes

The Government's position is, as it has been since January 2002, that each asylum (and human rights) claim made by a Zimbabwean national will be considered on its individual merits in accordance with our obligations under the 1951 UN Refugee Convention and the European Convention on Human Rights (ECHR). Each application is considered against the background of the latest available country information including that obtained from and through the Foreign and Commonwealth Office.

The suspension of removals of failed asylum seekers to Zimbabwe announced in January 2002 was in response to concerns about the serious deterioration in the situation in Zimbabwe in the build up to the Presidential election held in March that year. We did not regard it as unsafe to return failed asylum seekers to Zimbabwe, but in view of the rapidly changing conditions we considered that it would be appropriate not to enforce returns.

We do of course recognise that conditions in Zimbabwe are such that there are individuals who are able to demonstrate a need for international protection. Where they meet the definition of a refugee in the 1951 Convention, asylum is granted. There may also be individuals whose circumstances make them particularly vulnerable and who would engage our obligations under the ECHR. Where this is the case these individuals will be granted Humanitarian Protection or Discretionary Leave.

In the first nine months of this year we have granted asylum to 755 Zimbabweans and granted other forms of protection, including Humanitarian Protection, Discretionary leave (and their predecessor, exceptional leave to remain), to over 25 others. These statistics show that we are giving protection to the significant number of people who are found to be in need of it.

If an application is refused, there will be a right of appeal to the independent appellate authorities against that decision. Should a claim be refused and any appeal be unsuccessful that means that, for that individual, return to Zimbabwe would be safe. That is why we consider it reasonable to expect an individual in that position to leave voluntarily.

Although it would be safe to return failed asylum seekers to Zimbabwe, our view at present is that in the wider context of the Government's position on Zimbabwe, it would be inappropriate forcibly to return them at this time.

The policy remains under continuous review.