HC Deb 13 May 2004 vol 421 cc563-6W
Mr. Kidney

To ask the Secretary of State for the Home Department what factors prevent his Department from removing failed asylum seekers from the UK to(a) Afghanistan, (b) Iraq, (c) Somalia, (d) Zimbabwe and (e) Eritrea. [164109]

Mr. Browne

All asylum and human rights claims are considered on their individual merits in accordance with our obligations under the 1951 UN Refugee Convention and the European Convention on Human Rights (ECHR). Should a claim be refused and any appeal before the independent Immigration Appellate Authority be unsuccessful, it means that for that individual it is safe to return.

We have an agreement with the Afghan Authorities which enables us to return significant numbers of Afghan failed asylum seekers to Afghanistan each month.

We have also reached an agreement with the Coalition Provisional Authority in Iraq to begin enforced returns of Iraqi failed asylum seekers.

We are currently working on the practicalities of the returns programme, and will commence returns as soon as these arrangements are finalised.

We are currently facilitating the return of those Iraqis who wish to go home through the International Organisation for Migration.

We also have a returns agreement with the Somaliland authorities and have also begun to return small numbers of failed asylum seekers to Somalia.

We are currently in discussion with the Eritrean Government on improving the issuing of re-documentation to Eritrean nationals who we wish to return.

The only country to which, as a matter of policy, we do not at present generally enforce the return of failed asylum seekers is Zimbabwe. This policy is based not on asylum or human rights reasons but on our view that in the wider context of the Government's position on Zimbabwe, it would be inappropriate forcibly to return failed asylum seekers applicable at this time.

Harry Cohen

To ask the Secretary of State for the Home Department what mechanisms are in place to ensure asylum decisions affecting nationals of EU accession countries, including outstanding cases where an initial refusal was given but which are subject to further process, are expedited after 1 May when National Asylum Support Service and local authority provision for such asylum seekers ends. [167327]

Mr. Browne

[holding answer 26 April 2004]: In relation to the small number of asylum seekers who may not yet have received an initial decision on their asylum application, these cases will be dealt with as a priority. Nationals of EU accession countries who have outstanding appeals against the decision to refuse their asylum claim will be advised of their rights as EU nationals and invited to withdraw their appeals. If they do not formally withdraw their appeals and are issued with a residence permit, their appeal will automatically be treated as abandoned.

In relation to the ending of support on 1 May, the National Asylum Support Service (MASS) wrote to all NASS-supported cases on 5–6 April and all interim cases on 16 April informing them of their options, namely that they can work, become otherwise self-supporting, or leave the UK.

John Robertson

To ask the Secretary of State for the Home Department how many asylum seekers have(a) applied for and (b) been refused help under section 4 of the Immigration and Asylum Act 1999. [171346]

Mr. Browne

The information requested is not available and could be produced only at a disproportionate cost.

When it is not possible for a failed asylum seeker to return to their country of origin following a negative decision, an application may be made for support under Section 4 of the Immigration and Asylum Act 1999, which came into force on 11 November 1999. There are no published statistics on the number of failed asylum seekers who have applied, and have been accepted or refused, for accommodation under Section 4.

Information on the number of asylum seekers supported by the National Asylum Support Service is published quarterly. The next publication covering the first quarter of 2004 (January to March) will be available on 25 May on the Home Office Research Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/immigrationl.html

John Robertson

To ask the Secretary of State for the Home Department how many asylum seekers have applied for judicial review in the last 12 months; and how many have been(a) successful and (b) unsuccessful in their application. [171347]

Mr. Browne

Information on the number of asylum seekers who have applied for judicial review, for the latest 12-month period for which data are available, are given in the table. The table shows the total number of applications, decisions and grants of permission to apply for judicial review as well as the outcomes of judicial review hearings. Decisions do not necessarily correspond to applications for permission to apply for judicial review in any given period. Only a small proportion, nine per cent. of applications for permission to apply for judicial review were granted in 2002.

Application for Judicial Review, and outcomes, excluding

dependants, 20021
Applications for permission to apply for Judicial Review2
Applications 3,075
Decisions3 2,980
of which:
Granted permission on to apply 260
Percentage of applicants granted permission to apply4 (9)
The outcome of judicial review hearings2
Allowed5
Total 25
As percentage of total determined (30)
Dismissed6
Total 60
As percentage of total determined (67)
Withdrawn
Total 5
As percentage of total determined (3)
1Provisional figures
2Figures based on Administrative Court data. Figures (other than percentages) rounded to the nearest 5 with *=1 or 2
3Decisions do not relate to applications in any given period
4The number of which granted leave to move as a percentage of decisions
5The decision of the respondent (in this case, the Home Office or the Immigration Appeal Tribunal) was quashed. These figures include consent order where the JR was conceded by the respondent
6The decision of the respondent was upheld

Statistics on judicial review are published annually; data covering 2003 are due to be published towards the end of August 2004. Copies of the most recent publications are available from the Library of the House or on the Home Office Research Development and Statistics Directorate website at http://www.homeoffice. gov.uk/rds/immigration1.html.

Mr. Malins

To ask the Secretary of State for the Home Department how many Immigration and Nationality Directorate caseworkers dealt with asylum claims in each of the past three years; what the(a) target and (b) actual maximum case load was in each year; what staff turnover was in each year; how many days' work was lost through sickness in each year; and what provision has been made for staff to receive stress counselling. [170104]

Mr. Browne

During 2003 there were 570 full time equivalent staff employed as asylum caseworkers in post. This compares with 556 and 632 caseworkers during 2002 and 2001.

The Home Office's Public Service Agreement (PSA) target for 2003–04 was to ensure that 75 per cent. of new substantive asylum applications (excluding withdrawals and third country cases) were decided within two months. This was an increase from the 65 per cent. and 60 per cent. targets met in 2002–03 and 2001–02 respectively, and reflects the Government's commitment to, and success in, speeding up the initial decision-making process.

The total number of applications received during 2003, 2002 and 2001 was 49,370, 84,130 and 71,025 respectively.

The number of asylum applications awaiting an initial decision as of December 2003 was 24,500 (the latest date for which published figures are available), the lowest level for 10 years. This compares to 42,200 and 41,300 for 2001 and 2002 respectively and is a significant reduction from the 1997 level of 51,795.

Information on the number of asylum applications outstanding and the timeliness of initial decisions is published quarterly on the Home Office website at http://www.homeoffice.gov.uk/rds/immigrationl.html.

Data are not recorded for staff turnover or absenteeism of caseworkers in contrast to other members of staff within the Home Office and would be available only at disproportionate cost. Sickness absence for the Home Office is recorded and published by the Cabinet Office.

Advice, support and counselling on dealing with stress is available to all members of the Immigration and Nationality Directorate. This is provided through the Home Office Health and Welfare Service.

Annabelle Ewing

To ask the Secretary of State for the Home Department how many EU citizens have been removed from the United Kingdom in each year since 1997 in circumstances where they are deemed to be unable to support themselves and are an unreasonable burden on the state, broken down by EU member state. [161402]

Mr. Browne

Information on the number of EU nationals removed from the UK and on the personal circumstances of theose people who are removed is not available.

Under EEA regulations an EU national can be removed and excluded from the UK if it is decided that their removal is justified on the grounds of public policy, public security or public health. Any right of residence is subject to that individual demonstrating that they can exercise a specific treaty right to reside.

The number of people removed from the UK in 2003 is due to be published in the Home Office Statistical Bulletin "Control of Immigration: Statistics United Kingdom 2003" on the Home Office web-site at the end of August. www.homeoffice.gov uk/rds/immigrationl.html