HC Deb 17 May 2004 vol 421 cc750-9W
David Davis

To ask the Secretary of State for the Home Department which air and sea ports in the United Kingdom have previously had routine staffing by the Immigration Service but currently do not; when such staffing ceased; what checks are made on persons arriving at such ports; and how many illegal immigrants were refused entry at such ports in each year from 1996 to 2003. [169249]

Mr. Browne

Port staffing levels in the United Kingdom are determined by a number of FactorsCurrent and projected numbers of passenger arrivals; For seaports the number of freight vehicles that will require searching; An assessment of the casework generated from the arriving passenger traffic; Projected numbers of asylum seekers that will require interview on arrival.

It is only at ports where passenger services have ceased that immigration coverage has been withdrawn. At smaller ports resources are deployed to meet arriving traffic and in addition powers under the Immigration & Asylum Act 1999 are used flexibly to clear passengers where appropriate. Passengers subject to control will be examined to ascertain whether they qualify for entry to the UK. This examination will include checks against the Immigration Service database.

A breakdown of persons refused entry and removed by port is not currently published and would be available only at disproportionate cost.

Mr. Cousins

To ask the Secretary of State for the Home Department whether the discretionary amnesty to asylum seekers with children will be extended to asylum seekers from EU accession countries who are in the UK on 1 May. [168695]

Mr. Browne

Applicants from EU accession countries who come within the terms of this exercise will continue to qualify for indefinite leave to remain after 1 May. We have no plans to extend the exercise to cover all asylum seekers from these countries.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what new measures his Department plans to improve the initial asylum decision-making process. [170523]

Mr. Browne

We have put a strategy in place to deliver further improvements in the quality of initial asylum decisions. It is comprehensive and builds on mechanisms already in place as well as including additional measures recently identified to help drive up decision quality.

In broad terms our aim is to: invest in recruitment, learning and development so that caseworkers are even better equipped to take high quality decisions; enhance our quality assurance systems is by better targeting of checks on problem areas; improve country information, instructions and processes so that caseworkers always have the right tools to support high quality decision-making; increase the contribution by external organisations to the delivery and accreditation of our quality mechanisms.

Mrs. Curtis-Thomas

To ask the Secretary of State for the Home Department what new measures his Department plans to improve the asylum removal system, to ensure that a failed claim leads to a swift removal. [170524]

Mr. Browne

I refer my hon. Friend to the answer given by my right hon. Friend, the Member for Stretford and Urmston (Beverley Hughes) on 17 March 2004,Official Report, column 338W.

Mr. Malins

To ask the Secretary of State for the Home Department pursuant to his answer of 6 January 2004,Official Report, column 242W, on overseas posts (performance targets), for what reason there are no targets set by his Department for the processing of entry clearance appeals once they are received by the Appeals Processing Centre; how many appeals papers are deemed to require further action from the overseas post; and what plans the Government have for setting such targets. [157004]

Mr. Browne

The Immigration Appellate Authority's capacity to receive no more than 7,100 appeals per month, when taken together with the priority given to asylum, has influenced the speed at which entry clearance and other non-asylum appeals can be processed through the Appeals Processing Centre (APC). As a result, specific timescale targets have not yet been set for APC's entry clearance team. Targets will be set during the next financial year. Up to 20 per cent. of entry clearance appeals received by APC per month require further contact with posts overseas.

Mr. Wiggin

To ask the Secretary of State for the Home Department how many(a) immigrants and (b) asylum seekers were living in each county in England and Wales in each year since 1997. [168014]

Mr. Browne

The information is not available in the form requested. Data on how many immigrants live in each county in England and Wales is not available and could only be produced at a disproportionate cost.

Information on the number of asylum seekers supported by The National Asylum Support Services is published quarterly. The next publication covering the first quarterly of 2004 (January to March) will be available on 25 May on the Home Office Research Development and Statistics Directorate website at http://www. homeoffice.gov.uk/rds/immigrationl.html. Data for earlier quarters is published in earlier editions of the publication and is also available on the Home Office Research Development and Statistics Directorate website.

Mr. Kilfoyle

To ask the Secretary of State for the Home Department how many refused asylum seekers have been repatriated. [166983]

Mr. Browne

We have taken repatriation here to mean removal. The number of persons who had claimed asylum at some stage and have been removed from the United Kingdom in each year between 1993 and 2003 is given in the table.

Information on the number of asylum applicants removed from the United Kingdom is published quarterly on the Home Office website: www.homeoffice.gov.uk/rds/immigrationl.html.

Removals and voluntary1 departures of asylum applicants 1993 to 20032
Principal applicants Dependants Total
1993 1,820 n/a n/a
1994 2,220 n/a n/a
1995 3,170 n/a n/a
1996 4,820 n/a n/a
1997 7,165 n/a n/a
1998 6,990 n/a n/a
1999 7,665 n/a n/a
2000 8,980 n/a n/a
2001 9,285 1,495 10,780
20023 10,740 3,170 13,910
20033 2003 4,550 17,040
n/a = not available.
1Includes persons departing "voluntarily" after enforcement action had been initiated against them, persons leaving under Assisted Voluntary Return Programmes run by the International Organisation for Migration, and removals on safe third country grounds.
2Data on dependants of asylum seekers removed have only been collected since April 2001.
3Provisional figures.

Harry Cohen

To ask the Secretary of State for the Home Department (1) what steps were taken to inform hon. Members of changes to support provision for asylum seekers from EU accession countries after 1 May; [167326]

(2) what provision will be available to support asylum seekers from EU accession countries whose applications are outstanding after 1 May. [167328]

Mr. Browne

From 1 May 2004 nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Cyprus and Malta, will no longer be eligible for National Asylum Support Service (NASS) support or for support from a local authority under the Asylum Support (Interim Provisions) Regulations 1999. This is because of the effect of paragraph 5 schedule 3 of the Nationality, Immigration and Asylum Act 2002. Schedule 3 also prohibits local authorities from providing support to European Economic Area (EEA) nationals under other provisions including section 2 of the Local Government Act 2000, section 21 of the National Assistance Act 1948 and section 17 of the Children Act 1989. However, schedule 3 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of a person's convention rights or a person's rights under the Community Treaties.

Unaccompanied asylum seeking children from these accession countries will continue to be eligible for support under the existing mechanisms and provisions until their 18th birthday.

Asylum seekers from the accession states will, from 1 May 2004, have the same rights to travel as other nationals of EU and EEA member states. Asylum seekers from the eight eastern European accession countries, namely the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia ("the A8 countries"), will generally be able to take up employment in the UK, providing they register under the Worker Registration Scheme, which will become operational from 1 May 2004. Once they have secured employment and registered under the scheme asylum seekers from the A8 countries may become eligible for family tax credit and child benefit. If they are on low incomes they can also access housing benefit and council tax benefit.

Part time workers may also be eligible for income based Job Seekers Allowance or Income Support, provided they meet the usual conditions for those benefits.

Maltese and Cypriot nationals will have the same rights as existing EEA nationals. If they are seeking work they have the right to reside and look for work for six months. If they satisfy the Habitual Residence Test they will be eligible to apply for income related benefits and for social housing and homelessness assistance. Maltese and Cypriot nationals who are not economically active will only have a right to reside if they are self sufficient and are not placing an unreasonable burden on UK social assistance funds.

Our position is clear, as EU citizens these people are able to work and cannot be maintained at public expense. They gain from being a part of the EU but must become self supporting or return home.

NASS wrote to people in early April to explain their options and then visited many of them at home giving a further opportunity to explain why they would not be able to make alternative arrangements. If people cannot take up one of the options for good reason they need to contact us to explain why.

Since 5 April 180 people have in fact made representations to us, and around 10 per cent. of those have been granted transitional support. Each is dealt with on a case-by-case basis.

The Immigration and Nationality Directorate has also been working with local authorities, their associations and voluntary sector organisations to keep them informed of the position.

No specific steps have been taken to inform hon. Members of the provision available to these accession state nationals.

Mr. Clappison

To ask the Secretary of State for the Home Department how many asylum seekers have been given leave to remain in the UK as a result of the exercise announced by him in October 2003; how many dependants have also benefited from this exercise; how many failed asylum seekers who have exhausted their appeal rights have benefited; and how many cases have been refused. [168914]

Mr. Browne

An announcement detailing the results of the exercise including the available statistical information will be made when the exercise is completed. We would not wish to release figures until all those potentially qualifying applicants have had an opportunity to respond to our queries.

We have made good progress in considering the cases originally identified. The bulk of cases has been processed with the majority, where the applicants have responded to our queries having been decided. We are reliant on the applicants we contact replying to our queries promptly. Those not doing so are being reminded.

Mr. Gerrard

To ask the Secretary of State for the Home Department pursuant to the answer of 2 March 2004,Official Report, column 898W, on asylum and immigration, if he will break down the numbers of asylum seekers refused support under section 55 of the Nationality, Immigration and Asylum Act 2002 by country of origin. [169411]

Mr. Browne

The information requested is unavailable and could be produced only at a disproportionate cost.

Information on the number of asylum seekers supported by the National Asylum Support Services is published quarterly. The next publication covering the first quarter of 2004 (January to March) will be available on 25 May on the Home Office Research Development and Statistics Directorate website at http://www. homeoffice.gov.uk/rds/immigrationl.html

Mr. McNamara

To ask the Secretary of State for the Home Department what factors influenced his decision to exclude Northern Ireland as a destination for asylum seeker dispersal; and what plans he has to review his policy. [170112]

Mr. Browne

The National Asylum Support Service (NASS) undertook research to identify the most suitable areas for the dispersal of asylum seekers. The aim was to establish cluster areas where there was already an ethnic minority community or where it was believed the area was capable of sustaining a new community. Other factors taken into consideration included the availability of support services able to assist newly arrived asylum seekers. It was always acknowledged that not all areas would be suitable for dispersal and, with regard to Northern Ireland, the research identified both a low population of ethnic minorities and a lack of available support services. While the area was not designated as a dispersal area it was agreed that those making their application for asylum in Northern Ireland could remain there if they requested it. Others making their application elsewhere can opt to live with family and friends in Northern Ireland and receive subsistence only support from NASS.

Most of the contracts NASS has with private and public sector providers are due to expire next year and NASS is now looking at where and how to procure accommodation.

Mr. Dawson

To ask the Secretary of State for the Home Department if he will make a statement on the compatibility of Clause 8 of the Asylum and Immigration (Treatment of Claimants) Bill with the(a) Human Rights Act 1998, (b) Children Act 1989 and (c) Children Bill. [169394]

Mr. Browne

[holding answer 29 April 2004]: Clause 8 does not prevent the exercise of a power or the performance of a duty where this is necessary to avoid a breach of a person's Convention Rights.

The Government do not believe clause 8 is incompatible with the Children Act or the Children Bill. Provisions to safeguard and promote children's welfare must take account of the fact that failed asylum seeking families do not have the right to remain in the UK.

Mr. Matins

To ask the Secretary of State for the Home Department with reference to the announcement on 30 January of the new agreement on returning Indian immigration offenders, if he will set out the mechanism that will apply to such return; and how many Indian nationals have been returned under this agreement. [170037]

Mr. Browne

The agreement reached with the Indians—the first such agreement they have signed—will accelerate the redocumentation of Indian immigration offenders which the UK seeks to return to India. The Indians have agreed to a more streamlined system of referral and consideration which will be a significant improvement on previous arrangements whereby documents could take up to 18 months to obtain. They have also agreed improved arrangements to deal with immigration offenders who are clearly Indian citizens, but who refuse to co-operate with the documentation process and who refuse to sign a visa application form.

Following the signing of the agreement the Indian Government have had to put in place revised administrative arrangements. This has taken some time, but the new arrangements were in place with effect from 21 April. Consequently there has, so far, been no opportunity to deliver return under the new arrangements. It is intended to begin referring cases under the new arrangements immediately.

Mr. Malins

To ask the Secretary of State for the Home Department with reference to the concession announced by the Home Secretary on 24 October 2003 to allow families who have been in the United Kingdom for three or more years to stay, how many families he expects to be affected; how many persons in total will be affected; how many of those families have been contacted by the Immigration and Nationality Department (IND) to date and given leave to remain; whether he expects IND will have contacted all the relevant families and completed the bulk of the cases by July; what the timescale is for contacting and processing remaining families; and when he expects to allow immigration practitioners to send in a list of cases they believe are covered by the family concession for confirmation that they will receive a questionnaire. [170089]

Mr. Browne

An announcement detailing the results of the exercise including the available statistical information will be made when the exercise is completed and all those potentially qualifying applicants have had an opportunity to respond to our queries.

Good progress has been made in considering the cases originally identified. The bulk of these cases have been processed with the majority, where the applicants have responded to our queries, having been decided. We rely on the applicants we contact replying to our queries promptly and those not doing so are being reminded. We expect the bulk of the cases eligible for ILR to have been processed by July when we will consider how best to sweep up those who believe they are eligible but have not yet been contacted.

Mr. Malins

To ask the Secretary of State for the Home Department how many weeks' training Immigration and Nationality Directorate caseworkers receive; how many other organisations are involved in such training; and what the starting salary of caseworkers is. [170111]

Mr. Browne

Training, consisting of classroom based and formal coaching, will normally last up to six weeks. The amount will depend on the type of casework; the specific roles of the caseworker; and the individual's previous experience.

After formal training and coaching, caseworkers will continue to receive support from their managers and from senior caseworkers.

The United Kingdom High Commission for Refugees and Social Services have been involved in training design and quality assurance. Casework training is being reviewed, including the use of other organisations in training delivery.

The national starting salary for caseworkers in the main caseworking grade (Executive Officer) is £16,606 (£17,294 plus £1,300 London Location Allowance in Croydon).

David Davis

To ask the Secretary of State for the Home Department (1) pursuant to his statement of 30 March 2004,Official Report, column 1439, on immigration entry clearance standards, which Home Office official met the UK consul in Romania; what was discussed at the meeting; whether minutes were taken of the meeting; what actions were taken as a result of the meeting; and if he will make a statement; [166548]

(2) pursuant to the statement of the Minister for Immigration and Nationality of 30 March 2004, Official Report, column 1476, if he will place in the Library a copy of the report of the meeting between a senior Immigration and Nationality Directorate official and the British embassy in Bucharest. [166547]

Mr. Browne

A senior Home Office official in the Immigration and Nationality Directorate was in Bucharest on 1 and 2 March for talks with the Romanian Government on our on-going co-operation on illegal immigration.

As part of the visit he held briefing meetings in the embassy. The UK Consul in Romania was present at these.

The visit produced proposals on a number of aspects of immigration to the UK. These are being taken forward and, where relevant, have been fed into the Sutton enquiry. The report on the visit is internal advice to Ministers, which is not for publication.

David Davis

To ask the Secretary of State for the Home Department which air and seaports do not have routine staffing by the Immigration Service. [169248]

Mr. Browne

All the major ports in the United Kingdom (including seaports, hover ports, airports and Waterloo) have a permanent Immigration Service presence. In 1992, following the withdrawal of routine Customs and Excise attendance from ports where they had traditionally operated an immigration control on behalf of the Immigration Service, then Ministers introduced a new policy for immigration coverage of small ports and airports. This policy was later developed with the introduction of new powers in the Immigration and Asylum Act 1999 enabling a more flexible approach to the operation of the immigration control. Under the Act carriers are obliged to notify the UK Immigration Service in advance of all passengers subject to control. The passengers will then be cleared by the Immigration Service either by attending the port or remotely; the decision being based on all the available intelligence.

David Davis

To ask the Secretary of State for the Home Department if he will publish(a) the most recent annual figures of the number of persons refused permission to travel to the United Kingdom by British immigration officers operating from French departure points, broken down by (i) month and (ii) departure points and (b) the most recent estimates of his Department of the annual number of persons prevented from travelling to the United Kingdom by foreign immigration officers at departure points at which British immigration officers are present in an advisory capacity. [169250]

Mr. Browne

A breakdown of persons refused and removed by port is not currently published and would be available only at disproportionate cost.

Locally collated management information indicates that during 2003 more than 9,000 passengers have been prevented from travelling from France to the UK as a result of a range of measures including: enhanced juxtaposed controls, deployment of new detection technology and close co-operation with our EU counterparts, carriers and port operators.

The Airline Liaison Officer (ALO) network as well as working closely with airlines to provide training and advice has meant that more than 6,000 people travelling to the UK have been denied boarding by airlines after reference to an ALO during 2003.

In addition airlines advise the Immigration Service that other passengers are also denied boarding at ALO locations as an indirect result of the training and guidance provided to carriers by ALOs.

David Davis

To ask the Secretary of State for the Home Department what routine measures are practised by United Kingdom authorities to detect attempted illegal entrants to the United Kingdom other than those in force at embarkation and arrival points. [169251]

Mr. Browne

The Government have recognised for some time that preventing the arrival in the UK of those who would not qualify to enter or remain must be a key element of its immigration control strategy.

The increasing involvement of organised crime in illegal immigration led to the creation in 2000 of Reflex, the multi-agency forum which brings together key law enforcement players including the Immigration Service, as well as relevant Government Departments and the Security Services, under the chair of the National Crime Squad.

Reflex has successfully brought focus to the issue and has also provided funding and structures to tackle the problem both in the UK and overseas.

UK funding for two successful infrastructure-building projects in the Western Balkans was provided by Reflex, as was funding for other projects in Romania and Turkey aimed at upstream disruption of illegal migration.

As part of a longer-term strategy, the National Criminal Intelligence Service (NCIS) manages an expanding network of Immigration Liaison Officers (currently 12) in key overseas posts who work closely with local law enforcement agencies to combat illegal migratory flows.

We have also had in place for some time a network of Airline Liaison Officers (currently 25) working closely with airline staff at key locations worldwide, who offer advice to carriers on the admissibility of passengers seeking to travel to the UK.

We are working closely with UK Visas to put in place visa fraud officers at a number of our missions overseas to enhance further the quality of visa issues.

I should also point out that the introduction of juxtaposed immigration controls in France, and the deployment of New Detection Technology (x-ray machines and scanners) in France and Belgium have been very successful in identifying and stopping unqualified passengers from travelling on to the UK. Further development of this strategy is in hand.

Mrs. Brooke

To ask the Secretary of State for the Home Department what plans he has to ensure that enforcement of immigration controls in(a) Cherbourg and (b) Dorset operates to the same standard seven days per week. [170600]

Mr. Browne

[holding answer 5 May 2004]: The UK Immigration Service does not presently operate in Cherbourg. A pilot project was recently operated at Cherbourg whereby Immigration officers acted in an advisory capacity to the ferry operators to reduce the number of illegal entrants and inadmissible passengers at the point of departure. There are current proposals under way to deploy new detection technology to Cherbourg in partnership with the port authority.

In Dorset the UK Immigration Service operates full immigration border controls at Poole seven day a week. UK Immigration Officers attend the control and check all arriving passengers and will continue to do so.

Mrs. Brooke

To ask the Secretary of State for the Home Department how many illegal immigrants were removed from lorries in Cherbourg bound for Poole in 2003. [170602]

Mr. Browne

[holding answer 5 May 2004]: The Home Office does not collate statistics of how many illegal immigrants were removed from lorries in Cherbourg bound for Poole in 2003. The Immigration Service tracks incidents of illegal clandestine entry into the United Kingdom and reviews the pressures at ports of departure in co-operation with the French authorities. Assessments, through the Cross-Channel Commission, have resulted in proposals to deploy new technology in partnership with the port authority in accordance with the convention on new technology signed by the two governments on 24 November 2003.

Mrs. Brooke

To ask the Secretary of State for the Home Department what level of staffing of UK immigration officers in Cherbourg was provided in 2003. [170604]

Mr. Browne

[holding answer 5 May 2004]: The exercise involved one Immigration Officer travelling daily to Cherbourg to provide advice and support to the carrier in respect of travel status of passengers prior to boarding in Cherbourg. The officer then returned with the inbound ferry to control passengers seeking leave to enter the United Kingdom during the crossing.