§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department how many appeals to immigration adjudicators were(a) allowed and (b) dismissed in 1993 and the first quarter of 1994, broken down according to the nationality of the appellant and the type of decision appealed against.
Mr. John M. TaylorThe information given in the tables shows the number of appeals dismissed or allowed by type of decision appealed against and country of origin. Information about the nationality of individual appellants is not available; however, the tables show the country from which appeals originate.
409W410W
Appeal Categories Bangladesh Ghana India Jamaica Nigeria Pakistan EC All other countries All Dis All Dis All Dis All Dis All Dis All Dis All Dis All Dis 5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) — 1 — — 3 4 — — — 3 1 3 — — 2 15 6. Refusal of Entry Clearance requested by wives and children, other dependent relatives and returning residents 9 138 — 12 25 49 3 5 3 14 42 80 — — 44 113 7. Refusal of Entry Clearance requested by female fiancees — — — — 3 5 — — — 1 1 2 — — 6 12 8. Refusal of Entry Clearance requested by husbands 14 35 — — 21 39 2 6 2 6 106 180 — — 12 37 9. Refusal of Entry Clearance requested by male fiances — 1 — 1 14 25 — — — 3 5 10 — — 1 7 10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S.14(2)) — 8 — 6 — 19 — 3 — 10 — 31 — — 12 106 11. Refusal to Vary Leave to Enter — 40 5 95 15 144 7 102 12 404 14 201 — — 26 742 12. Decision to make Deportation Order 1 11 3 42 1 28 — 27 4 159 2 32 — — 2 110 13. Refusal to Revoke Deportation Order — 1 — — — — — — — 3 — 1 — — 2 7 14. Giving of Removal Directions — — — 1 — — — 1 — 1 — — — — — — 15. Destination Only Appeal — — — 2 — 4 — — — — — — — — — — All: Allowed. Dis: Dismissed. 411W
1993 Appeal Categories Bangladesh Ghana India Jamaica Nigeria Pakistan EC All other countries All Dis All Dis All Dis All Dis All Dis All Dis All Dis All Dis 1. Exclusion—Appeal at Port 2 20 — 23 7 20 — 8 1 22 7 27 — 13 2 74 2. Exclusion—External Appeals — 23 1 8 2 21 5 57 2 42 2 22 — 1 50 680 3. Refusal of Certificate Entitlement 29 139 2 9 9 27 3 8 13 29 5 21 — — 20 80 4. Refusal of Entry Clearance for Temporary purposes (not husbands, wives, fiances orfinancees) 125 629 114 43 609 1,164 62 225 329 1,362 719 1,762 — — 673 295 5. Refusal of Entry Clearance for Employment, Business or Independent Means (not husbands, wives, fiances or fiancees) — 5 — 3 9 26 — — 3 12 19 51 — — 13 99 6. Refusal of Entry Clearance requested by wives and children, other dependent relatives and returning residents 83 477 7 40 68 213 10 31 14 37 81 32 — 4 122 293 7. Refusal of Entry Clearance requested by female fiancees 5 7 — 3 16 30 2 6 1 1 5 16 — — 31 42 8. Refusal of Entry Clearance requested by husbands 35 92 3 10 71 162 3 15 5 23 316 663 1 — 49 92 9. Refusal of Entry Clearance requested by male fiances 10 17 — 2 65 92 10 11 — 2 59 86 — — 5 21 10. Variation of Landing Conditions (including curtailment of stay or duration or conditions of leave to remain given to persons previously exempted (S.14(2)) 12 5 6 5 4 101 — 35 2 101 3 113 — 6 40 287 11. Refusal to Vary Leave to Enter 9 118 13 27 18 473 12 249 35 879 19 586 — 2 59 1,823
Appeal Categories Bangladesh Ghana India Jamaica Nigeria Pakistan EC All other countries All Dis All Dis All Dis All Dis All Dis All Dis All Dis All Dis 12. Decision to make Deportation Order 4 22 5 17 5 117 — 55 8 338 1 112 — — 18 318 13. Refusal to Revoke Deportation Order — — — 5 1 4 — 1 — 4 — 3 — — — 8 14. Giving of Romoval Directions — — — 2 — 2 — — — 6 — 2 — — 3 10 15. Destination Only Appeal — — — — — — — — — — — — — — — — All: Allowed. Dis: Dismissed.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many appeals to the Immigration Appeal tribunal were(a) allowed and (b) dismissed in 1993 and the first quarter of 1994.
Mr. John M. TaylorIn 1993, 350 appeals to the Immigration Appeal Tribunal were allowed and 361 were dismissed. In the first quarter of 1994, 41 appeals have been allowed and 59 have been dismissed.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many appellants in appeals under the Asylum and Immigration Appeals Act 1993 have been(a) unrepresented, (b) represented by the Refugee Legal Centre, (c) represented by other voluntary organisations and (d) represented by solicitors or counsel, by hearing centre, since 26 July 1993.
Mr. John M. TaylorThe information requested is not available. No separate record is kept of how—if at all—individual appellants are represented.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many applications to the Immigration Appeal Tribunal for leave to appeal to the Court of Appeal under (i) the Immigration Act 1971 and (ii) the Asylum and Immigration Appeals Act 1993 have been(a) granted and (b) refused since 26 July 1993.
Mr. John M. TaylorSince 26 July 1993, nine applications to the Immigration Appeal Tribunal for leave to appeal to the Court of Appeal under the Immigration Act 1971 that have been granted; 58 have been refused.
Of the applications made under the Asylum and Immigration Appeals Act 1993, five have been granted and 16 refused.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department how many applications for leave for judicial review of decisions of a special adjudicator made under the Asylum and Immigration Appeals Act 1993 that a case was without foundation have been(a) made, (b) granted or (c) refused since 26 July 1993.
Mr. John M. TaylorSince 26 July 1993. 13 applications for leave for judicial review of decisions of a special adjudicator in "without foundation" cases have been made. Of these, six were granted leave, of which three were later withdrawn, and one was dismissed at a substantive hearing. Four applications were refused and three have yet to be considered.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, what is the average delay, listed by each immigration appeals hearing centre (i) between
412Wreceiving the explanatory statement and papers about a case (a) from a British post overseas and (b) from the Home Office and sending those papers to an appellant or his or her authorised representative and (ii) between the hearing of an immigration appeal by an adjudicator and the dispatch of the determination to the appellant or authorised representative.
Mr. John M. TaylorCopies of the explanatory statement and related papers are dispatched from the immigration appellate authority's principal office at Thanet house in London to the appellant or his or her authorised representative. The IAA aims to dispatch copies of the case papers to the parties within five days in 95 per cent. of cases. This target is achieved regularly and often exceeded.
In non-asylum cases, the adjudicator's determination issues to the parties, on average, within six to eight weeks of the hearing. For appeals determined under the Asylum and Immigration Appeals Act 1993, the average time from the hearing to the issue of the determination is eight to nine days.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many appeals under the Asylum and Immigration Appeals Act 1993 have been(a) lodged, (b) heard by special adjudicators, (c) allowed, (d) dismissed and (e) dismissed but with a recommendation to the Home Office to reconsider, at each hearing centre.
Mr. John M. TaylorSome 2,283 appeals have been lodged to date under the Asylum and Immigration Appeals Act 1993. The table shows the outcome of those cases which have been determined, at each hearing centre. The figures exclude cases that are part heard or have been adjourned.
Allowed Dismissed Withdrawn Hatton Cross 34 802 12 Thanet House 4 117 7 Birmingham 1 91 — Glasgow — 20 2
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, in how many appeals under the Asylum and Immigration Appeals Act 1993 the appellants have been(a) refused leave to appeal to the Immigration Appeal Tribunal, (b) granted leave to appeal to the Immigration Appeal Tribunal and (c) heard by the Immigration Appeal Tribunal; and in how many cases heard the appeal was (i) allowed, (ii) dismissed with a recommendation or (iii) dismissed.
Mr. John M. TaylorThe number of appeals under the Asylum and Immigration Appeals Act 1993 where the 413W appellant has been refused leave to appeal to the Immigration Appeal Tribunal is 607. Leave to appeal has been granted in 183 cases. Of those, eight appeals have so far been allowed; 80 have been remitted for rehearing by an adjudicator; and 33 have been dismissed.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many appeals against claims for asylum certified by the Secretary of State to be unfounded have been(a) lodged, (b) heard by special adjudicators, (c) allowed and (d) dismissed, by appeals hearing centres, since 26 July 1993.
Mr. John M. TaylorSince 26 July 1993, 766 appeals against claims for asylum certified by the Secretary of State to be unfounded have been lodged. These cases are determined at Hatton Cross in west London. To date, 20 have been allowed, 398 dismissed, 11 withdrawn, and 86 referred back to the Secretary of State.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many applications to the Court of Appeal for leave to appeal in cases under (i) the Immigration Act 1971 and (ii) the Asylum and Immigration Appeals Act 1993 have been(a) granted and (b) refused since 26 July 1993.
Mr. John M. TaylorSince 26 July 1993, three applications have been made to the Court of Appeal for leave to appeal in cases under the Immigration Act 1971. Of these, one application was dismissed by consent of the parties, one was refused and the other has not yet been heard. In the same period, seven applications have been made under the Asylum and Immigration Appeals Act 1993. Of these, one was allowed, one was refused and five have not yet been heard.
§ Mr. AllenTo ask the Parliamentary Secretary, Lord Chancellor's Department, how many judicial reviews of decisions of a special adjudicator made under the Asylum and Immigration Appeals Act 1993 that a case was without foundation have been(a) heard, (b) granted relief and (c) dismissed since 26 July 1993.