§ Baroness Howells of St Davidsasked Her Majesty's Government:
What plans they have to ensure that current overstayers will not lose the right to a suspensive appeal against a decision to remove them after 1 October 2000. [HL950]
§ The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)Section 9 of the Immigration and Asylum Act 1999 provides for a minimum three-month period during which overstayers can apply to regularise their immigration status. If they do so, and the application is refused after the new removal procedures are implemented, then the old procedures will apply to their case after 1 October and a suspensive right of appeal will be retained.
The Immigration (Regularisation Period for Overstayers) Regulations 2000 came into force today. The period runs from now until the 1 October 2000, which is the day before the Human Rights Act 1998 is expected to come into force, and thus lasts for a minimum of almost eight months.
My honourable Friend the Minister of State at the Home Office (Mrs Roche) will shortly write to all members in another place giving details of the scheme and how an application should be made under it. Copies of the information leaflet we have produced will be placed in the Library. My honourable Friend the Minister of State at the Home Office (Mrs Roche) will be discussing further publicity with relevant interest groups, but as a first step the leaflets are being distributed to local community groups through Citizens Advice Bureaux and the Joint Council for the Welfare of Immigrants.
The scheme is solely intended to retain a suspensive right of appeal to the Immigration Appellate Authority for those overstayers who make a specific application to us during the period. It is by no means an amnesty: the same considerations apply whether an application under the scheme is made or not. All overstayers should be aware that a decision to remove them from the United Kingdom is, and will remain, the normal response to their unlawful behaviour. Only when the compassionate circumstances outweigh the public interest in maintaining an effective immigration control will we allow them to remain.