Asylum Seekers (Hansard, 24 September 2002)

§ Baroness Howe of Idlicote
asked Her Majesty's Government:
What role, if any, they envisage for the United Nations High Commissioner for Refugees in dealing with asylum seekers who are:

(a) trying to enter the United Kingdom from the European Union and other countries; or

(b) already in the United Kingdom and are seeking asylum or resettlement in this country. [HL5287]

§ Lord Filkin
The United Nations High Commissioner for Refugees (UNHCR) has offered this service to the United Kingdom (UK) and French Governments to help find a mutually acceptable solution to the problem of Sangatte. Both governments welcome the offer and are considering their response. No other role within the European Union is under consideration. For countries outside the European Union, under the proposed Rufugee Quota Resettlement scheme the UNHCR will be consulted on the scheme's development and have a role in the selection of potential applicants for the scheme.
UNHCR is not routinely involved in the process for considering asylum claims although it may intervene in individual cases. It is also consulted as appropriate on certain asylum and country policy issues.
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§ Lord Greaves
asked Her Majesty's Government:
What steps are taken to ascertain what assets asylum seekers may possess in other countries including their country of origin; and whether these may be recoverable. [HL5302]

§ Lord Filkin
Regulation 6 of the Asylum Support Regulations 2000 sets out the assets which the National Asylum Support Service (NASS) must take into account when determining whether an asylum seeker is destitute. Those assets are cash, savings, investments, land, cars or other vehicles, and goods held for the purpose of trade or other business. The assets may be held in the United Kingdom or elsewhere. NASS does not consider the value of personal jewellery, nor does it take account of personal clothing, bedding and optical or medical items when calculating asylum support.
Asylum seekers applying for support from NASS are required to declare any assets when they apply for asylum support. They are asked to say if their assets are not reasonably available to them and explain why. NASS caseworkers must then exercise their judgment in determining whether assets are reasonably available to the applicant. Where possible, caseworkers are advised to confirm factual matters (such as the existence of currency restrictions) with the Immigration and Nationality Directorate (IND) Country Information and Policy Unit (CIPU) or with the relevant embassy or High Commission. In assessing the value of property overseas, caseworkers are advised to give the applicant the benefit of the doubt concerning the location, current market value and description of property unless it is inherently improbable or inconsistent with other information. NASS guidance states that land or property should be disregarded indefinitely if it is impractical and unreasonable to sell it or if it is occupied by relatives who are 60 years of age or older or are disabled.

§ Lord Hylton
asked Her Majesty's Government:
What means they are employing to improve the background information and professional training provided for (a) case-workers and (b) interpreters dealing with asylum applicants up to the point of the initial decision. [HL5438]

§ Lord Filkin
The content of the comprehensive and independent information on asylum seekers' countries of origin provided for asylum decision makers by the Immigration and Nationality Directorate is regularly updated. Recent improvements include plans to establish an advisory panel to help quality assure these country of origin information reports.
The means employed to improve training and background information for asylum decision makers include:

requests from the business areas for specific needs;

information on issues in specific countries, e.g. political groups, cultural issues, geographical information etc. which are pertinent to case-workers;
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continuous evaluation of training through feedback from course delegates and business areas;

discussions and meetings with relevant organisations, e.g. Woman's National Commission for advice on gender awareness, Social Services and National Police Training for advice on interviewing unaccompanied minors;

instructions from Policy on Procedural and Legislative changes; and

regular meetings with officials from business areas on training, mentoring and new requirements.

In September 2000, the Immigration and Nationality Directorate (IND) established a dedicated Central Interpreters Unit (CIU) to deal with all interpreter related policies, training and recruitment issues. Before being admitted to IND's panel all new interpreters must passs an initial assessment and attend a training programme conducted by Language Services Limited, which is a division of the Institute of Linguists.

§ Earl Russell
asked Her Majesty's Government:
What proportion of asylum seekers detained and subsequently granted bail attempt to evade the asylum system; and whether they accept the findings of Maintaining Contact by Irene Bruegol and Eva Natanla, South Bank University London Social Science Research Papers No. 16 (June 2002). [HL5708]

§ Lord Filkin
The requested information on the proportion of asylum seekers that are detained and subsequently granted bail who attempt to evade the asylum system is not available. However, detention is used sparingly and only a small proportion of all those liable to detention under the Immigration Act 1971 are actually detained.
We welcome the contribution the research conducted by South Bank University makes to the on-going debate about the use of immigration detention powers. We are aware of its conclusions but have not yet had an opportunity to study the whole report.
We are making improvements in the area of contact management as detailed in the current Nationality, Immigration and Asylum Bill. The Bill will provide for the creation of accommodation centres for asylum seekers who will be required to report within the centre. Those asylum seekers who are dispersed or who are not in National Asylum Support Service (NASS) accommodation will be required to report to reporting centres or to police stations attended by staff from the Immigration and Nationality Directorate. During the induction process all asylum seekers will be advised of their obligations to notify the Home Office of any change of address and of the need to report as required. Provision of support to asylum seekers will be conditional on their reporting as required.
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§ Lord Greaves
asked Her Majesty's Government:
Whether they have published the rules for the operation of asylum seeker induction centres; and, if not, whether they will do so. [HL5710]

§ Lord Filkin
No operational rules for the running of induction centres have been published. Procedures for doing so are currently being tested at the Dover induction centre where operations include working in partnership with the voluntary sector who deliver briefings to asylum applicants, and a combination of National Asylum Support Service (NASS) and asylum procedures. There are no plans for publishing operational guidelines at present.

§ Lord Greaves
asked Her Majesty's Government:
What proportion of asylum seekers went through the induction centre process in each of the last three months; and what is their future intention in this regard. [HL5711]

§ Lord Filkin
I am afraid that the information is not available in the precise form requested. Currently there is one induction centre in Dover. In the future it is intended that all asylum seekers will go through the induction centre process. Further induction centres are planned for London (north and south) and in the regions.
Data for the last three months are not yet available.

§ Lord Greaves
asked Her Majesty's Government:
Whether the announcement that it is now safe to return asylum seekers to Afghanistan applies to all asylum seekers from that country or whether they will consider each case on its merits according to the circumstances of each individual including such factors as their treatment and experiences before they left Afghanistan, their place of origin within Afghanistan and their ethnicity. [HL5304]

§ Lord Filkin
Applications for asylum from people from Afghanistan will continue to be considered on their individual merits in accordance with our obligations under the 1951 United Nations Refugee Convention. In cases where asylum has been refused, asylum caseworkers will consider—on a case by case basis—whether in the individual circumstances of a particular case it is appropriate to grant exceptional leave to remain in the United Kingdom. Full account will be taken of the particular circumstances of the individual concerned and the country situation. If the circumstances of an individual case justify it, exceptional leave to remain will be granted. In cases where asylum has been refused and exceptional leave has not been granted, appropriate enforcement action will be taken.

§ Lord Greaves
asked Her Majesty's Government:
Whether they consider that two weeks provides sufficient time between an asylum seeker completing the induction process and attending his or her substantive interview for competent legal advice to be sought and any necessary supporting documents obtained from the asylum seeker's country of origin 212WA or elsewhere; and whether an allowance is made for circumstances where documents have been sought but have not yet arrived. [HL5712]

§ Lord Filkin
The induction process includes the booking of the applicant's substantive asylum interview. This interview is booked for no less than 10 working days from the applicant's departure from the induction centre. This timing is in line with current practice for asylum seekers who do not yet go through the induction process. In addition, the induction process provides briefing for asylum applicants detailing the asylum process, their rights and responsibilities.
The briefing makes it clear that an asylum seeker may seek legal representation but that this is not deemed necessary prior to attendance at a substantive interview, and an interview will not be delayed because of a lack of representation. This is consistent with the Government's view that it is not necessary for an asylum seeker to obtain legal representation prior to a substantive asylum interview.
Regarding documentation it is incumbent on an asylum seeker to provide additional documentation to support his claim at the earliest opportunity. If documents are not available at the time of interview they could be produced to support any appeal the asylum seeker may lodge.