HC Deb 25 June 2003 vol 407 cc817-8W
Simon Hughes

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will provide clearer and more comprehensive information on the(a) family visitor appeal right and (b) appeal process to refused family visit visa applicants. [120603]

Mr. Mullin

All unsuccessful applicants receive written notices informing them about their right to appeal, and the procedure they need to follow should they choose to exercise this right, at the time of refusal. Where this is necessary it can be explained in the applicant's own language by an interpreter. Furthermore, by definition, all family visitor applicants will have a UK sponsor who can advise and assist with the appeal.

In response to the discussion paper published to inform the Interdepartmental Review of Family Visitor Appeals the review team has produced a leaflet for family visitors and their sponsors, which is available on the Home Office website. UK visas produce a general information leaflet on Appeals: 11,500 of these have been sent to overseas posts in the past six months.

Simon Hughes

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will inform refused family visit visa applicants of the relative chances of success of appellants who opt for(a) an oral appeal and (b) a paper-only appeal. [120604]

Mr. Mullin

We do not as a matter of course inform refused applicants or their sponsors of the relative chance of success of different types of appeals, but the leaflet for family visitors and their sponsors does point out that "people who ask for their appeals to be decided on the papers are only about half as successful as people who ask for an oral hearing". The leaflet explains that the sponsor and other witnesses can speak to the adjudicator at an oral hearing, and that a legal representative can attend to put the appellant's case. All appeals are determined on their merits by an independent Adjudicator.

As paper appeals are prioritised, and because family visits are often to attend a specific event, it may be in the applicant's interest to opt for a swift decision by choosing an appeal on the papers.

Entry Clearance Officers (ECOs) do not usually have the benefit of seeing the applicant's sponsor at interview. If an oral hearing is chosen, the adjudicator will have the advantage of hearing the sponsor's evidence in addition to the evidence provided to the ECO at the time of the application, allowing the appellant and the sponsor the opportunity to make a fuller case.

By definition, all family visitors will have a sponsor in the UK who can seek advice on their behalf about appealing, including which type of appeal to choose.

Simon Hughes

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will amend the visit visa application form to include an option to indicate that the purpose of the visit for which a visa is sought is to visit family members in the UK. [120605]

Mr. Mullin

An amended visit visa application form has been produced which will enable applicants to indicate that the purpose of the visit for which entry clearance is sought is to visit family members in the United Kingdom.

The revised application form will be in use from 1 August 2003.

Simon Hughes

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will provide additional guidance to entry clearance officers on(a) how to assess multiple-purpose visit visa applications and (b) which relationships qualify as family members for the purpose of family visitor appeals under the immigration rules. [120606]

Mr. Mullin

All new Entry Clearance Officers (ECOs) undergo an intensive course of training provided by UK visas. As part of an ECO's training, specific instruction is given concerning visit visas. Guidance about visit visa applications is contained in the Diplomatic Service Procedures, Entry Clearance, Volume 1, Chapter 10. The Diplomatic Service Procedures are available to ECOs both during their training and while at post, and are available to the public online through the UK visas website (www.uk visas.gov.uk).

Applicants wishing to visit the United Kingdom for more that one reason are issued with a multiple entry visa, valid for six months, for the main purpose of their visit.

Any secondary purpose of a visit can be undertaken using the same visit visa. The relationships which qualify as family members, for the purpose of family visitor appeals, are clearly defined in the Diplomatic Service Procedures, Entry Clearance, Volume 1, Chapter 23.3 and were redefined in SI 518 on 5 March 2003.

Simon Hughes

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will take steps to establish regular meetings between UK Visas and the Immigration Appellate Authority to provide a forum for discussion of issues of joint concern. [120607]

Mr. Mullin

The Head of UKvisas already meets with colleagues from the Immigration Appellate Authority to discuss issues of joint concern. UKvisas attaches great importance to this relationship.

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