Border Security, Asylum and Immigration Bill

Debate between Baroness Lawlor and Lord Hanson of Flint

Committee stage
Monday 13th October 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Lawlor, for Amendment 203L. I am also grateful for the latter point made by the noble Lord, Lord Sandhurst, because it is very possible that someone arrives as a student and finds that the situation in their home country has changed since their arrival. I remember that, when I was at university, which is an awfully long time ago now, there were students who arrived when there was one regime in Iran and left when there was another regime. The flexibility to which the noble Lord, Lord Sandhurst, referred is very important, and this is one of the particular holes—dare I say it?—in the proposal brought forward by the noble Baroness, Lady Lawlor. However, I have to say that there are several more holes in the argument that she put forward. If I point those out to her as part of this debate, I hope she will accept them in good faith.

The amendment seeks to widen the scope of existing inadmissibility powers, so that any claim made by a holder of a student visa that was lodged more than two days after they arrived in the UK must be declared inadmissible. We had a large debate on inadmissibility on day 4 of the Committee, and we considered five amendments then. This is a very late amendment to this discussion, so we have had limited time to consider it. However, it is not an approach the Government consider appropriate.

The likely consequence of the amendment, as well as that pointed out by the noble Lord, Lord Sandhurst, would be to refuse to admit claims to the UK’s asylum system, but without any obvious way in which to return individuals who make those claims. It would leave affected individuals in a state of limbo, with no certainty as to whether they qualify for refugee status or whether they should be returned to their home country. On the basis of that contention, it could prove both costly and ineffective.

Furthermore, in affording a more favourable position to those students who claim asylum within two days of first arriving in the UK, the amendment also risks benefiting those students who are more likely to have deliberately used the visa system as a way to access the UK’s asylum system.

The Government cannot support the amendment. I respectfully suggest that it does not achieve the objective that the noble Baroness proposed, and it is certainly open to the wide hole which the noble Lord, Lord Sandhurst, pointed out to the Committee today. So I ask the noble Baroness to reflect on what the noble Lord said and, in general terms, to withdraw the amendment.

[Baroness Lawlor (Con)]

I am grateful to the noble Lords who spoke in the debate and particularly to my noble friend Lord Sandhurst for spotting this. I had thought about it in respect of other amendments, but I did not include it in this one, and that is indeed a gap—I agree with the Minister. Certainly, if I am to bring it back on Report, I will take account of that.

But my overall position remains that, with provision for the problems pointed out by my noble friend Lord Sandhurst, I really cannot see that we can tackle the problem of visa switching by those who enter in, or not in, good faith. There are indeed reports of students who came here and fraudulently deceived the university authorities, saying they would take a course when they subsequently admitted that they had no intention of doing so. This is a problem, and we have no way of dealing with it. Unless we crack down quite strictly on people claiming asylum when they have no reason to other than a desire to stay in this country, and when they have made this clear subsequently—it is clear from the evidence—then we will not tackle this problem. It is very grave for our universities, student communities and taxpayers. So I will consider this. Perhaps I can work something out with my noble friend Lord Sandhurst. I hope to bring this back again on Report.

Border Security, Asylum and Immigration Bill

Debate between Baroness Lawlor and Lord Hanson of Flint

Committee stage
Monday 8th September 2025 Lords Chamber

[Baroness Lawlor (Con)]

I seek clarification on something the Minister said. He told the Committee that they were seeking to address some of the problems that my amendment raised through other ways, including through the DVLA, the Home Office and certain measures. But will they include drawing in to those other measures those categories of delivery bike that do not now require any papers or licence and may have been changed to empower them to go far beyond the permitted 15.5 miles per hour? We have no way of knowing that unless our police forces are out on the streets as a response unit, like those police in the City of London, and impounding them—which is very heavy on police time.

[Lord Hanson of Flint (Lab)]

The noble Baroness raises a number of issues. I start with the question of illegal employment and working. The Government are very exercised to ensure that, both in the Bill and in regular enforcement now being undertaken, we crack down on illegal employment, which effectively undercuts legitimate businesses, exploits individuals in that illegal employment and is not a good use for society as a whole, as a contributory factor. We are very focused on that, and the Bill focuses on a large amount of those elements.

Separately, the noble Baroness raises areas outside my direct responsibility, which are Department for Transport-related issues about enforcement and regulations. I will draw those remarks to the attention of the Transport Minister, who will be able to reflect on them and who is also exercised about the very issues she mentions.

The noble Baroness will also know, I hope, that in the Crime and Policing Bill, which will come before this House shortly, there are also measures to improve police powers on seizure of bikes, rather than prosecution of individuals, where there are digressions from the law. That means going through traffic lights, going on pavements, speeding and all those things where the police, rather than having to give a warning, will potentially now be able to seize an electric vehicle used in those ways under the Crime and Policing Bill. So the three different elements are all there.

In this current piece of legislation, the amendment the noble Baroness has put forward does not meet the requirements I am seeking to achieve. With that, I hope noble Lords will withdraw or not move their amendments.

Citizenship Applications

Debate between Baroness Lawlor and Lord Hanson of Flint

Wednesday 12th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The guidance applies to individuals from 10 February of this year. The noble Baroness made a number of points about what is happening to asylum status. None of the proposals in the guidance mean that individuals cannot apply for asylum status. None of the proposals mean that individuals cannot have asylum status approved. None of the proposals mean that individuals cannot apply for citizenship. The basic test is that there is a presumption that those who enter the UK illegally will not have citizenship approved unless there are specific criteria in the guidance to make a case for their particular circumstances. The designed effect of that is to ensure that we reduce the amount of illegal migration and ensure that people enter the United Kingdom, or apply for asylum, through legal, strict routes and means.

[Baroness Lawlor (Con)]

My Lords, what proportion of people who have come into the country illegally since the Government took office have applied for asylum status?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness. I can give some figures, but not off the top of my head. I will certainly write to her about that.

The key question is illegal migration. The guidance we are talking about is on revising procedures for those who have entered the United Kingdom illegally and currently could apply for British citizenship after a period of 10 years. We have lifted that 10-year procedure, so no one can have British citizenship approved, as a presumption, if they have entered the country illegally. They can still apply for British citizenship and have mitigating circumstances brought forward, should they so wish. A range of measures has been issued in the guidance published this week.