§ Mr. DalyellTo ask the Secretary of State for the Home Department why Mr. Ghazanfar Ali Raja, IMP A3 6383 4/6, PO 24915/93, currently in Germany, has been told by a letter from Her Majestys consulate general in Düsseldorf that no decision on his application to join his wife, Mrs. Carde Raja, a British citizen, of 145 High street, Linlithgow, can be made before a period of six to 12 months has elapsed.
§ Mr. Charles WardleI will write to the hon. Member.
§ Mr. AllenTo ask the Secretary of State for the Home Department how his Department will assess whether the marriage of an European economic area national is one of convenience; and how an European economic area national whose marriage is alleged to be one of convenience will be able to challenge or appeal against that assessment.
§ Mr. Charles WardleWhere there are reasonable grounds for suspecting that a marriage between a European Economic Area national and a non-EEA national is one of convenience for immigration purposes, further inquiries will be made before deciding the application. The determining factor will be the intention of the couple to live permanently together as man and wife in a settled and genuine relationship.
An EEA national has a right of appeal against refusal of a residence permit.
§ Mr. AllenTo ask the Secretary of State for the Home Department how many applications either for entry clearance or for leave to remain have been received in respect of the third country national family members of British citizens who have exercised rights under articles 48, 52 and 59 of the EC treaty in another EU member state in each year since the decision of the European Court of Justice in the case of Surinder Singh.
§ Mr. Charles WardleSince the judgment of the European Court of Justice in the case of Surinder Singh (C370/90) in July 1992, a total of 29 entry clearance applications have been made, at British diplomatic posts abroad, by persons who are not European Economic Area nationals and who have sought entry as family members of British citizens who have exercised treaty rights in another member state.
Of these applications, eight were made in 1992; 19 were made in 1993; and two have been made so far in 1994.
Information is not available on the number of applications made for leave to remain by such persons.
§ Mr. FraserTo ask the Secretary of State for the Home Department in what circumstances he departs from254W recommendations from immigration adjudicators; whether there is any variation in practice in relation to recommendations from appeals against deportation with a restricted appeal right; and if he will make a statement.
§ Mr. Charles WardleIt is the normal policy to accept adjudicators recommendations unless to do so would be unreasonable or inconsistent, or would undermine general policy. There is no variation in the application of this policy as between one type of appeal and another.
§ Mr. AllenTo ask the Secretary of State for the Home Department whether non-visa, non-European Economic Area national family members of European economic area nationals established in the United Kingdom will be required to hold European Economic Area family permits to be granted entry.
§ Mr. Charles WardleUnder the Immigration (European Economic Area) Order 1994, family members of a European Economic Area national who are not themselves EEA nationals and who seek admission to install themselves in the United Kingdom on a permanent or semi-permanent basis with the EEA national will need to hold an EEA family permit.
§ Mr. AllenTo ask the Secretary of State for the Home Department how many citizens of the Union have exercised their rights under articles 48, 52 and 59 of the EC treaty in each of the last five years to apply for entry clearance or leave to remain for their third country national spouses and other family members to join or remain with them in the United Kingdom; and how many of these applicants have been interviewed about the circumstances of their marriage or other family relationship in each year.
§ Mr. Charles WardleInformation is not available in the form requested. However, since March 1993 a total of 1,965 after entry applications were received—1,275 in 1993, 690 so far in 1994—from non-European Economic Area nationals for residence documents of both limited and unlimited validity as the spouse, or other family member, of an EEA national exercising a treaty right in the United Kingdom. In 39 applications involving marriage—23 in 1993, 16 so far in 1994—an interview was carried out.