§ Mr. Jim CunninghamTo ask the Secretary of State for the Home Department if he will make a statement on the status of the Immigration Services Commissioner, indicating the regulatory powers which apply to him. [74752]
§ Mr. Mike O'BrienThe status and regulatory powers of the Immigration Services Commissioner are set out in Part V of, and Schedules 5 and 6 to, the Immigration and Asylum Bill.
§ Mr. Jim CunninghamTo ask the Secretary of State for the Home Department if he will make a statement on the fast-track immigration appeals system for weddings and funerals; and what plans he has to prevent abuse. [74754]
§ Mr. Mike O'BrienThe Immigration and Asylum Bill contains provisions which will allow applicants who are refused entry clearance to visit a family member in the United Kingdom to appeal against the decision.
Applicants will have to pay a fee to appeal. The fee will depend on whether an applicant opts for a hearing on the papers or a full oral hearing. Applicants whose appeals are allowed will have their fee refunded.
31WIn order to prevent abuse, the Bill also contains provisions to enable the Secretary of State to accept a security with a view to securing that an applicant will, if given permission to enter the United Kingdom for a limited period, leave at the end of the period.
§ Mr. Jim CunninghamTo ask the Secretary of State for the Home Department at what level the bond for those on family visits will be set. [74756]
§ Mr. Mike O'BrienWe have not yet decided at what level bonds will be set. This will be one of the issues addressed in a consultation on a pilot bond scheme, which we shall issue later this year.
§ Mr. Jim CunninghamTo ask the Secretary of State for the Home Department if he will make a statement on the provision of legal representation for those appealing against immigration detention. [74758]
§ Mr. Mike O'BrienDetainees who are challenging the legality of their detention by way of a writ of habeas corpus (judicial review in Scotland) are entitled to legal aid.
Detainees may apply to the independent Immigration Appellate Authority for bail and can receive free representation from either the Immigration Advisory Service or Refugee Legal Centre under the grant in aid payments allowed for under section 23 of the Immigration Act 1971.
A detainee who prefers to be represented at a bail or appeal hearing by a solicitor or other representative must fund the application themselves.
§ Mr. Jim CunninghamTo ask the Secretary of State for the Home Department what rights of appeal defendants will have against decisions by immigration office officials. [74753]
§ Mr. Mike O'BrienThe Government's proposals for a new system of appeals in immigration and asylum cases are set out in Part IV of the Immigration and Asylum Bill.
§ Mr. Jim CunninghamTo ask the Secretary of State for the Home Department what plans he has for judicial scrutiny of the Immigration Services Commissioner. [74757]
§ Mr. Mike O'BrienAny person aggrieved by a relevant decision of the Commissioner may appeal to the Immigration Services Tribunal against the decision. A determination of the Immigration Services Tribunal will be subject to judicial review.