§ Mr. Alex Carlileasked the Secretary of State for the Home Department if he will publish a table of the number of appeals decided under the Immigration Act 1971 for each year since 1976 showing in what proportion the appellant was successful.
§ Mr. WaddingtonThe information requested, which has been provided by the independent immigration appellate authorities, is contained in the following table.
Year Number of appeals disposed of* Number of appeals allowed Column (c) as a percentage of column (b) 1. APPEALS TO ADJUDICATORS 1976 12,412 1,297 10.44 1977 11,671 1,273 10.90 1978 11,455 1,355 11.82 1979 13,176 1,566 11.88 1980 16,599 2,007 12.09 1981 18,010 2,234 12.40 1982 16,875 2,065 12.24 1983 15,104 2,107 13.95 2. APPEALS TO THE IMMIGRATION APPEAL TRIBUNAL (a) Appeals by immigrants at first instance or against adjudicator's decision 1976 603 98 16.25 1977 257 39 15.17 1978 342 37 10.82 1979 311 46 14.79 1980 392 79 20.15 1981 510 64 12.55 1982 534 101 18.91 1983 738 182 24.66 (b) Appeals by the Home Office 1976 136 56 41.18 1977 70 40 57.14 1978 95 49 51.58 1979 74 40 54.05 1980 80 26 32.50 1981 88 38 43.18 1982 93 34 36.56 1983 103 45 43.69 * The figure comprises appeals allowed, dismissed, withdrawn and where the appellate authority decided it had no jurisdiction.
§ Mr. Alex Carlileasked the Secretary of State for the Home Department if he will provide a breakdown of the number of appeals decided by adjudicators under the Immigration Act 1971 in 1982 and 1983 according to the following categories (a) appeals against refusals of entry, (b) appeals against refusals of entry clearance, (c) appeals against refusals to revoke or vary leave to remain, (d) appeals against decisions to deport, (e) appeals against variation of leave to enter or remain and (f) appeals against removal as an illegal entrant.
§ Mr. WaddingtonThe following table gives the total number of disposals by adjudicators in the categories mentioned. Disposals include appeals allowed, dismissed or withdrawn, or where the appellate authority decided it had no jurisdiction.
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1982 1983 (a) Appeals against refusal of leave to enter 719 597 (b) Appeals against refusal of entry clearance 9,226 8,087 (c) Appeals against refusal to very leave to enter or remain 5,728 4,403 (d) Appeals against decisions to deport* 364 578
1982 1983 (e) Appeals against variation of leave to enter or remain 201 190 (f) Appeals against directions for removal as an illegal entrant† 67 54 Notes: * Appeals against decision to deport under section 3(5)(a) of the Immigration Act 1971. † Appeals under section 16(1) of the Immigration Act 1971, including appeals agaist directions for removal on the ground that a person entered the United Kingdom in breach of a deportation order.
§ Mr. Alex Carlileasked the Secretary of State for the Home Department from where representatives other than from the United Kingdom Immigration Advisory Service and the Joint Council for Welfare and Immigration may obtain copies of unreported decisions of the immigration appeal tribunal.
§ Mr. WaddingtonI understand from the independent immigration appellate authorities that copies of all determinations of the immigration appeal tribunal may be obtained from the libraries of the Supreme Court and the Law Society. Furthermore, any representative who wishes to obtain a determination which is relevant to the case he is presenting may request a copy from the immigration appeal secretariat.
§ Mr. Alex Carlileasked the Secretary of State for the Home Department what measures are taken to ensure that officials in the Immigration Department, entry clearance officers and presenting officers are made aware of decisions of the High Court and Court of Appeal concerning the immigration law and rules.
§ Mr. WaddingtonThe Home Office obtains copies of all judgments of the Divisional Court of Appeal concerning the immigration law and rules.
There are internal arrangements to ensure that summaries of all such judgments are sent to presenting officers. In addition, guidance on important judgments is circulated throughout the Immigration Department, and made available to entry clearance officers by the Foreign and Commonwealth Office.
§ Mr. Alex Carlileasked the Secretary of State for the Home Department when a circular was sent to entry clearance officers explaining the effect of the decision of the High Court in R v. Immigration Appeals Tribunal Ex parte Bastiampillai (1983) 2 AER, 844; and if he will publish the contents of the circular.
§ Mr. WaddingtonGuidance was issued by the Foreign and Commonwealth Office earlier this month to all entry clearance issuing posts overseas advising them of the decision of the High Court in Rv. Immigration Appeals Tribunal Ex Pane Bastiampillai (1983). It is not the practice to publish the guidance which is given to entry clearance officers.
§ Mr. Alex Carlileasked the Secretary of State for the Home Department how many (a) full-time adjudicators hearing appeals under the Immigration Act 1971, (b) part-time adjudicators and (c) members of the Immigration Appeal Tribunal are men; and how many are women.
§ Mr. WaddingtonThe 16 full-time adjudicators (including the chief adjudicator) are men. Forty-four of the part-time adjudicators are men and 11 are women. The362W five legal chairmen of the immigration appeal tribunal are men. Eighteen of the lay members of the tribunal are men and eight are women.