HL Deb 11 November 2004 vol 666 c92WA
Lord Avebury

asked Her Majesty's Government:

Whether they intend to comply with the advice given in the United Nations High Commissioner for Refugees' Return Advisory Regarding Iraqi Asylum Seekers and Refugees; and whether they will give the text of any necessary amendment to their Asylum Policy Instructions. [HL4623]

Baroness Scotland of Asthal

Each asylum claim from an Iraqi national, as with any other national, is considered on its own merits taking account of relevant country information; case law and factors specific to the individual claim. The country information is derived from many sources, including from UNHCR.

We do not agree with UNHCR's advice as set out in its Return Advisory Regarding Iraqi Asylum Seekers and Refugees and in previous position papers that some form of complementary protection should be granted to failed asylum seekers from Iraq and that there should he be neither enforced returns nor encouraged voluntary returns. Where a decision has been taken that an individual would not be at risk if returned to Iraq and that decision has been upheld by the appellate authorities we consider that it is safe for that individual to return to Iraq.

The appellate authorities have upheld over 90 per cent of decisions since decision making and appeals on Iraqi claims resumed last summer.