§ Earl Russellasked Her Majesty's Government:
Whether an applicant for asylum who arrives at a port of entry suffering from illness, is granted emergency admission to hospital, and applies for asylum immediately on becoming fit to do so, should be regarded as a port of entry applicant or an 213WA in-country applicant; and what guidelines or precedents should be applied to this situation. [HL14]
§ Lord Williams of MostynTo be classified as a "port" asylum application, the asylum claim must be made prior to the grant of leave to enter by an immigration officer. After that, the asylum claim would be classified as "in-country". In the situation described, the key issue would be whether the immigration officer had completed his/her examination and granted leave to enter prior to the asylum claim or not.
§ Earl Russellasked Her Majesty's Government:
Whether they will improve the wording of the RON 58 renewal letter for those on exceptional leave to remain to make clear that the leave which is granted is exceptional leave to remain.[HL15]
§ Lord Williams of MostynThere are at present no plans to change the wording. The letter is used when an extension of stay is granted to someone who is unable to provide a passport or other travel document. The stamp affixed to it specifies the duration of the extension and any conditions or restrictions attached to the leave. People given exceptional leave to remain are notified of this and any attendant conditions when such leave is first given.
§ Earl Russellasked Her Majesty's Government:
What the correct procedure is for asylum seekers arriving at Waterloo International to make a port of entry application for asylum, and whether they believe this procedure is working well. [HL16]
§ Lord Williams of MostynThe procedures in place for claiming asylum at Waterloo International are exactly the same as those operated at any of the ports of arrival in the United Kingdom. To make an asylum claim, the applicant has simply to tell the immigration officer that he/she wishes to do so. There is no indication that these procedures are not operating correctly at Waterloo International.