HL Deb 20 July 2004 vol 664 cc32-3WA
Lord Avebury

asked Her Majesty's Government:

Whether, following the United Nations High Commissioner for Refugees' statement of January 2004 on "Return of rejected asylum seekers to Eritrea", they have agreed to consider fresh applications for asylum from Eritreans who had previously exhausted their rights of appeal against a refusal of leave to remain as refugees; if so, how many applications of this kind they have received; and how many of any such new applicants are in receipt of full National Asylum Support Service Support. [HL3675]

Baroness Scotland of Asthal

Any asylum seeker who has exhausted their appeal rights can approach the Immigration and Nationality Directorate (IND) for further consideration. The Immigration Rules (paragraph 346 of HC 395 as amended) set out the criteria against which my right honourable friend the Home Secretary shall consider a further approach to determine whether it constitutes a fresh application for asylum. This consideration is carried out on a case-by-case basis; IND does not adopt a blanket approach to the assessment of further representations or material from the nationals of any country. An approach that relies on a particular piece of country information may or may not amount to a fresh application for asylum, depending on the nature of the information and the circumstances of the individual.

As regards the number of Eritreans who have been refused asylum, exhausted their appeal rights, approached IND for reconsideration of their case, received a decision from IND that their approach will be considered as a fresh application for asylum, and as a consequence are in receipt of full NASS support, the information requested is not available and could be obtained only at disproportionate cost.

Lord Avebury

asked Her Majesty's Government:

Whether they will take steps to speed up the issue of letters acknowledging fresh applications for asylum from Eritreans who had previously exhausted their rights of appeal. [HL3676]

Baroness Scotland of Asthal

There are no plans to speed up the existing process for acknowledging fresh applications for asylum from Eritrean nationals who had previously exhausted their appeal rights.