HC Deb 09 January 1996 vol 269 cc181-6W
Mr. Vaz

To ask the Secretary of State for the Home Department to what extent criteria used to determine whether asylum seekers are refugees recognise that refugees may attempt to gain entry to the United Kingdom otherwise than by claiming asylum. [7722]

Miss Widdecombe

All asylum claims are considered on their merits, but under paragraph 341 of the immigration rules failure to apply for asylum forthwith on arrival may damage an applicant's credibility unless the claim is based on events which have taken place since his arrival.

Mr. Chris Smith

To ask the Secretary of State for the Home Department what is the current weekly cost to the Home Office of detentions of people seeking asylum in the United Kingdom; and what estimate he has made of the changes in the costs of the implementation of the Social Security (Persons from Abroad) Miscellaneous Amendments Order as published in draft form. [7633]

Miss Widdecombe

Records relating to the costs of detention under immigration powers do not distinguish between people who have sought asylum and others.

The current weekly cost of detaining a person within the Immigration Service detention estate is estimated at £540 per week. This figure includes the cost of administrative support from Immigration Service headquarters. Some asylum seekers are detained in Prison Service remand centres or local prisons, where the average cost per place in 1994–95 was £449 per week. The latter figure excludes headquarters costs.

The proposals contained in the draft Social Security (Persons from Abroad) Miscellaneous Amendments Order would have no effect on the costs of detention under immigration powers.

Mr. Vaz

To ask the Secretary of State for the Home Department (1) if he will make it his policy to allow detained asylum seekers or their representatives to have written reasons for their detention upon request, in the form of(a) a photocopy of the bail summary or (b) in another form; and if he will estimate the cost of adopting such a policy; [7398]

(2) if he will make a statement on the procedure for periodic reviews of detention of asylum seekers; what criteria are used in determining whether detention should continue; what written records are made of these reviews; and what steps he will take to ensure that written reasons are available to the asylum seeker and his representatives where the review determines that the detention should continue; [7399]

(3) what written records are annually made in respect of the reasons for the detention of individual asylum seekers; [7396]

(4) what criteria are used in Scotland to determine whether to detain asylum seekers. [7412]

Miss Widdecombe

Detention under immigration powers is authorised initially by an officer of at least the rank of chief immigration officer and is reviewed within 24 hours by an Immigration Service inspector. Thereafter. detention is reviewed locally at least every seven days. After one month the case is reviewed at Immigration Service headquarters monthly and at an increasingly senior level.

Detained asylum applicants are already notified of the reasons for their detention. This is done orally, in a language which they understand. This provides the detainee with an opportunity to clarify anything which he does not understand. The detainee or his representative may seek further clarification of the reasons for detention at any time from the relevant immigration office.

Each time detention is reviewed, all aspects of the case are considered, including any change in circumstances. The reasons for maintaining detention are recorded on the individual's file and a notification is sent monthly to the detainee, advising him of the progress on his case.

It is not possible to estimate the cost of providing written reasons for detention as a matter of routine in all cases, but such a system would be cumbersome, time consuming and a poor use of resources. Bail summaries are already provided to the appellate authorities when a bail application is made.

Criteria for the exercise of powers of detention and the procedures for notifying detainees of the reasons for their detention are the same for Scotland as in other parts of the United Kingdom.

I do not believe that changes to the present procedures are required.

Mr. Vaz

To ask the Secretary of State for the Home Department what percentage of asylum seekers whose claims have been refused by him in the last year have subsequently appealed to the special adjudicator. [7402]

Mr. Kirkhope

In the 12-month period from December 1994 to November 1995 there were 20,520 initial decisions to refuse asylum. During the same period, 14,080 appeals against the refusal of asylum were lodged with the Home Office.

Some of these appeals will have been lodged against decisions made prior to December 1994 and some of those applicants who were refused may have exercised more than one right of appeal. For these reasons, an accurate appeal rate is not readily available.

Mr. Vaz

To ask the Secretary of State for the Home Department how many asylum seekers in the last two years who claimed asylum after they had entered the United Kingdom claimed within(a) one week, (b) one month and (c) two months of entry; and if he will express each figure as a proportion of (i) the number of asylum seekers who claimed after entry into the United during that period and (ii) the number that did so, and did not rely in whole or in part on events which had taken place after they had left their country of origin. [7404]

Mr. Kirkhope

Information regarding the length of time between arrival date and application date, for those who applied for asylum in the United Kingdom after having been previously granted leave to enter or remain under another section of the immigration rules, is given in the table. Information on the number of applications which were based on events that occurred subsequent to their arrival is not recorded centrally.

Average time taken1 to apply for asylum by persons2 previously granted leave to enter or remain in the United Kingdom under another section of the Immigration Rules, December 1993 to November 1995
Period of time between arrival and application Percentage
Within 1 week 15
1 to 4 weeks 15
1 to 2 months 10
Over 2 months 60
Total 100
1 Estimated and rounded to the nearest 5 per cent.
2 Excludes those in-country cases for which arrival dates are not known.

Mr. Vaz

To ask the Secretary of State for the Home Department (1) what steps he has taken to ensure that the detention of asylum seekers under paragraph 16(2) of schedule 2 the Immigration Act 1971 in respect of whom he has not yet made a decision on their claim, complies with article 5(4) of the European convention on human rights; [7406]

(2) if it is his policy to detain asylum seekers on the basis that (a) they are judged to have a weak case for asylum and (b) they initially applied to enter as a visitor. [7723]

Miss Widdecombe

I am satisfied that detention under the Immigration Act 1971 of people who have sought asylum but whose applications have not been determined, does not breach the United Kingdom's obligations under this article. However, powers of detention are used only where there is not alternative.

Instructions to Immigration Service staff make clear that special consideration to release from detention should always be given to asylum applicants who have brought themselves to their attention at the first reasonable opportunity. In all cases, temporary admission/release is granted whenever possible, the overriding consideration being whether the person is likely to comply voluntarily with restrictions imposed. In making this assessment, account is taken of all relevant factors, including the likelihood of the person being removed from the United Kingdom.

Mr. Vaz

To ask the Secretary of State for the Home Department what is the average period between claim and decision for asylum seekers claiming during the last five years. [7401]

Mr. Kirkhope

During 1994, the average time taken to reach an initial decision on applications submitted after the implementation of the Asylum and Immigration Appeals Act 1993 was 5.9 months and 25.6 months for those submitted before the 1993 Act. In the first 11 months of 1995, the average decision times were 8.7 months for post-1993 Act cases and 37.8 months for pre-1993 Act cases.

For the six month period between January and June 1993, prior to the implementation of the 1993 Act, the average time taken to make an initial decision was approximately 19 months.

Mr. Vaz

To ask the Secretary of State for the Home Department how many asylum seekers are currently still awaiting a decision on their claim having claimed more than a year ago. [7403]

Mr. Kirkhope

I refer the hon. Member to the reply given to a question from the hon. Member for Liverpool, Mossley Hill (Mr. Alton) on 4 December 1995,Official Report, column 20, which gave the number of asylum applications awaiting an initial decision as at 31 October 1995, by year of application.

Mr. Vaz

To ask the Secretary of State for the Home Department what steps he has taken to inform asylum seekers and organisations which represent their interests of the criteria which he uses in determining whether to detain asylum seekers. [7405]

Miss Widdecombe

Extracts from Immigration Service instructions to staff including criteria for detention have been provided to Amnesty International, the Medical Foundation and the Joint Council for the Welfare of Immigrants.

Ms Ruddock

To ask the Secretary of State for the Home Department what was the number of asylum seekers in the London borough of Lewisham at the latest date for which information is available. [7636]

Mr. Kirkhope

Information on the places of residence of people currently seeking asylum is not held centrally.

Mr. Vaz

To ask the Secretary of State for the Home Department what considerations led to the policy of allowing presenting officers to decide as to whether to allow the representatives of asylum seekers sight of the bail summary; what criteria they use in exercising their discretion; if he will instruct presenting officers to allow the representatives of asylum seekers sight of the bail summary in all cases except when to do so would prejudice national security; and if he will estimate the cost of this procedure. [7397]

Miss Widdecombe

To improve the efficient and effective operation of the immigration appeals system we propose in future to supply both the adjudicator and applicant with a bail summary when the Home Office proposes to oppose an application for bail under the Immigration Act 1971. The summary will outline the reasons why the Home Office opposes bail. The operation of the system will be reviewed in six months. This information is already provided to presenting officers by immigration officers and it is not expected to lead to any substantial expenditure.

Mr. Alton

To ask the Secretary of State for the Home Department if he will provide details of(a) the number of applications by refugees seeking asylum, (b) the number of refugees accepted and (c) the number of refusals in each of the past five years for Bulgaria, Cyprus, India, Ghana, Pakistan, Poland and Romania (i) individually and (ii) collectively. [7056]

Miss Widdecombe

Information for the years 1992 to 1994 on asylum applications from nationals of the requested countries, with the exception of Cyprus, and on decisions made, is given in tables 4.1 to 4.3 of Home Office statistical bulletin, "Asylum Statistics United Kingdom 1994", issue 15/95. Tables 4.1 to 4.2 of issue 19/93 of this publication show equivalent information for all the requested nationalities for 1990 and 1991. Copies of both issues of this bulletin are available in the Library.

Information on asylum applications from nationals of Cyprus for the years 1992 to 1994 is given in the table.

Applications1 received for asylum in the United Kingdom from nationals of Cyprus, excluding dependants, and decisions2,3 made, 1992 to 1994
1992 1993 1994
Total applications 95 135 300
Total decisions 10 40 160
Of which:
Granted asylum 1 1
Refused asylum but granted exceptional leave 5 20
Total refused asylum 5 20 160
1Provisional and estimated figures rounded to the nearest 5= 1 or 2.
2Information is of initial decisions, excluding the outcome of appeals or other subsequent decisions.
3Decision figures do not necessarily relate to applications submitted in the same year.

Mr. Henderson

To ask the Secretary of State for the Home Department how many people who had previously sought asylum and then married in the United Kingdom have been refused leave to stay under the primary purposes rule for each of the last five years. [8174]

Mr. Kirkhope

The information requested is not available.

Mr. Henderson

To ask the Secretary of State for the Home Department how many of those seeking asylum at port of entry were granted temporary admission without being fingerprinted in each of the last five years. [8171]

Mr. Kirkhope

The information requested is not available.

Mr. Henderson

To ask the Secretary of State for the Home Department how many asylum applications are withdrawn every month; and what happened to the applicants after withdrawal in each of the last five years. [8172]

Mr. Kirkhope

During the first 11 months of 1995, the average number of withdrawn asylum applications was 220 per month.

It is not always known why asylum applications are withdrawn. It may be as a result of the applicant's being granted leave under another section of the Immigration Rules or because they decide to leave the United Kingdom. A statistical breakdown of such cases is not available.

Mr. Henderson

To ask the Secretary of State for the Home Department how many of those seeking asylum at overseas posts in each of the last five years have been granted temporary admission without a pro forma interview being completed. [8173]

Mr. Kirkhope

The information requested is not available.