Immigration: Home Office Procedures

Baroness Neville-Jones Excerpts

Tuesday 23rd November 2010 Lords Chamber

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government whether they will review the procedures and paperwork required by the Home Office from applicants for immigration or residential status.

[The Minister of State, Home Office (Baroness Neville-Jones)]

My Lords, online forms containing guidance have already been introduced on the UK Border Agency website to make things easier for applicants. Next year, tier 4 student applicants, which comprise the largest category, will be able to create their own customer account to assist them to complete their online application, pay for it and view its progress. All immigration application forms will be available online by 2015, and the aim is to simplify and clarify application procedures in all categories.

[Baroness Gardner of Parkes]

I thank the Minister for that reply. My question relates to long-term residency in the UK, and I declare an interest in that I have had the right of abode for many years and have been here for 50 years. Why were new regulations introduced in 2006 requiring everyone to resubmit documents? In 1985 I had a letter saying that no repeat would ever be required, but in 2009 I was told that I must resubmit all originals. I am getting the same complaint from many people. Will the Minister also comment on the Canadian lady who, just this week, after 60 years in the UK, was stopped at the airport as an illegal immigrant?

[Baroness Neville-Jones]

My Lords, the aim of the 2006 regulations, which were brought into effect by our predecessors, appears to have been to cut down on fraudulent claims to the right of abode by ensuring that the validity of the certificate of entitlement which applicants have to have was limited to the lifetime of the passport to which it was attached. Requiring new certificates of entitlement enables a further check on the genuineness of the eligibility to take place. As regards the Canadian lady, on the basis of the press reports—and I have no other information—it would appear that this lady, who was allowed into the country, will be able to claim her right of citizenship through descent. I think that she will have no problem in doing that, and of course she will not have to pay.

[Lord Avebury]

My Lords, will my noble friend put copies of all the paperwork in the case of Anwar and Adjo in the Library, including the judgment of Lord Justice Sedley in which he said that “a shameful decision” had been made—the effective criminalising and enforced removal of an innocent person without either worthwhile evidence or the opportunity to answer? Lord Justice Sedley went on to request that the misuse of the powers of one of the great offices of state should be drawn to the attention of the Home Secretary. Has that been done, and what remedies is the Home Secretary providing for this misuse of powers?

--- Later in debate ---

[Baroness Neville-Jones]

My Lords, I am afraid that I am not familiar with this case, which obviously the noble Lord is interested in, in detail. I will write to him.

[Lord Pearson of Rannoch]

My Lords, have the new Government amended the guidelines which the last Government gave to immigration officers instructing them to allow the second, third and fourth wives of Muslim men, together with their attendant children, to live in this country,

“even if that sets up a polygamous marriage in the United Kingdom”?

[Baroness Neville-Jones]

My Lords, I am afraid that I am not familiar with that provision. I understand why the noble Lord is asking the question; I fear that I will have to look into the matter and perhaps write to him.

[Lord Hylton]

My Lords, as regards asylum applicants—which is a part of this larger question—is the noble Baroness aware that the UK borders authority operates a dispersal programme and system? Will she encourage it by all possible means also to disperse its centralised Croydon office to the regions so that applicants do not have to travel huge distances at great inconvenience for their principal interviews?

[Baroness Neville-Jones]

My Lords, is this in relation to passport applications? Is that the question the noble Lord is asking?

[Lord Hylton]

No. It is to do with asylum applications.

[Baroness Neville-Jones]

My Lords, I will have to see what can be done. This seems rather distant from the original Question.

[Lord Hunt of Kings Heath]

My Lords, can the noble Baroness answer this one? She will be aware that, a few months ago, the previous Government published a draft Bill on simplifying the immigration law. Contained within it was a proposal on information, to bring together piecemeal powers to require and supply information through specific gateways. Will the Government be taking that forward?

[Baroness Neville-Jones]

My Lords, I am afraid that I do not know. You will have to wait and see.

[Lord Phillips of Sudbury]

My Lords, I express an interest as a lawyer whose firm does a lot of immigration and asylum work, and I preface my question by saying that what I have to ask has no effect on the numbers coming in. As my noble friend the Minister will know, the previous Government tried their best to simplify the procedure for those applying for immigration and asylum and to move to a points-based system. The situation now, however, is that the questionnaire that applicants have to fill in is 60 pages of technical, concentrated stuff. If they get any aspect of it wrong, they fail. Legal aid is being withdrawn for asylum. Will my noble friend at least review the questionnaire process in order to simplify and clarify it?

[Baroness Neville-Jones]

My Lords, we should try to make these procedures as comprehensible, simple and clear as we can, consistent with having to acquire the correct information. We will see what we can do.