Asylum Seekers (Hansard, 28 April 1998)

§ Mr. Clappison
To ask the Secretary of State for the Home Department, pursuant to the oral answer to the right hon. Member for North-West Cambridgeshire (Sir B. Mawhinney), on 30 March 1998,Official Report, column 882, on illegal immigrants, what is the legal basis of the rule that the position of asylum seekers is regularised after seven years; and if he will list the occasions on which the rule has been brought into operation since 1979. [39379]

§ Mr. Mike O'Brien
I refer the hon. Member to the reply I gave to my hon. Friend the Member for Battersea (Mr. Linton) on 19 March 1998,Official Report, column 682. The legal basis for this practice is the power of the Secretary of State under the Immigration Act 1971 to grant or vary leave to enter or remain. The practice has been an undisclosed feature of decision-making on immigration since the early 1990s, but information is not available centrally on the number of occasions on which it has been followed and could be obtained only at disproportionate cost. We have disclosed this practice as part of this Government's wish to be more open than previous Governments in disclosing the way in which immigration controls operate.

§ Mr. Allan
To ask the Secretary of State for the Home Department if he will provide a breakdown, by nationality, of the number of asylum-seekers who were detained under Immigration Act powers between January and December 1997 and who were subsequently(a) recognised as refugees and (b) granted exceptional leave to remain. [40029]
97W

§ Mr. Mike O'Brien
The available information, relating to the number of persons who were detained solely under Immigration Act powers at some point during 1997 and who were subsequently recognised as a refugee or granted exceptional leave to enter or remain, is given in the table. It is important to note that many of those detained are held for very brief periods, sometimes only hours, pending arrangements for their examination under the Immigration Act 1971.

Persons detained solely under Immigration Act powers during 1997¹ who were subsequently granted asylum or exceptional leave to enter or remain in the United Kingdom²

Nationality Number granted asylum Number granted exceptional leave to enter or remain

Afghanistan — 79

Albania 4 —

Algeria 15 6

China ^* —

Colombia — 3

Ghana ^* ^*

Iran 9 ^*

Iraq 5 ^*

Liberia — 7

Nigeria 9 ^*

Poland ^* —

Somalia 14 23

Sri Lanka 3 ^*

Sudan ^* ^*

Turkey ^* ^*

Yugoslavia 10 ^*

Zaire 3 —

Nationality doubtful ^* ^*

Other 9 ^*

Total 89 132

¹ Persons first entering, or last leaving, detention under sole Immigration Act powers during 1997. A number will have been detained for a very brief period. Data include those cases considered substantially and those initially considered under the Dublin Convention/Third Country procedures.

²Data provisional.

^*Denotes 1 or 2.

Persons detained solely under Immigration Act powers during 1997¹ who were subsequently granted asylum or exceptional leave to enter or remain in the United Kingdom²
Nationality	Number granted asylum	Number granted exceptional leave to enter or remain
Afghanistan	—	79
Albania	4	—
Algeria	15	6
China	^*	—
Colombia	—	3
Ghana	^*	^*
Iran	9	^*
Iraq	5	^*
Liberia	—	7
Nigeria	9	^*
Poland	^*	—
Somalia	14	23
Sri Lanka	3	^*
Sudan	^*	^*
Turkey	^*	^*
Yugoslavia	10	^*
Zaire	3	—
Nationality doubtful	^*	^*
Other	9	^*
Total	89	132
¹ Persons first entering, or last leaving, detention under sole Immigration Act powers during 1997. A number will have been detained for a very brief period. Data include those cases considered substantially and those initially considered under the Dublin Convention/Third Country procedures.
²Data provisional.
^*Denotes 1 or 2.