§ Mr. Galleyasked the Secretary of State for the Home Department what changes are intended in the guidelines on the handling of representations by hon. Members in immigration cases; and when they are to take effect.
§ Mr. HurdThe following change will be made to paragraph 3 of the guidelines in place of that announced in answer to the question by the hon. Member for Oxford, East (Mr. Norris) on 22 October and will apply to passengers arriving on or after 10 November 1986.
"Representations to the Minister
3(i) Where a passenger refused entry or a person acting on his behalf notifies the immigration officer that he intends to seek the assistance of a Member, removal will not take place for 24 hours or until the afternoon of the next working day if longer.(ii) A Member wishing to submit representations in the case of a person refused entry may request the Minister's Private Office or, out of working hours, the Home Office Duty Officer, to arrange for the removal of the passenger to be deferred. If the passenger was refused entry because he did not have an entry clearance required under the Immigration Rules action to remove the passenger will only be deferred if at the time of intervention the Member demonstrates that there are exceptional and compelling circumstances (eg recent bereavement or sudden grave illness here in the immediate family). In such cases and in cases of refusal where no entry clearance was required action to remove the passenger will normally be deferred for a period of 12 working days to enable the Member to submit written representations.NoteAn entry clearance may take the form of a visa, an entry certificate (for non-visa Commonwealth citizens) or a letter of consent (for all other non-visa nationals). Visa nationals apart from citizens of Bangladesh, India, Pakistan, Ghana and Sri Lanka (and Nigeria when the visa requirement becomes operative) who are settled here or here for a limited time but long-term purpose, such as work or study, who have all been granted an exemption, require a visa whatever the purpose of their journey here. All other nationals require an entry clearance when coming for work, settlement, marriage leading to settlement, or as a dependant of one of these categories. Where there are genuine medical, family or other compelling compassionate circumstances British Diplomatic Posts abroad will give urgent consideration to visa applications.Copies of the amendment have been placed in the Library and are being sent to all Members, together with a copy of the information leaflet which explains details of visa exemptions and how to obtain passport endorsements signifying exemption.