Refugee Family Reunion Rules

Debate between Lord Harrington of Watford and Stuart C McDonald

Thursday 9th June 2016 Westminster Hall

[Richard Harrington]

I have every sympathy with what the hon. and learned Gentleman says. It is a feeling that a lot of emphasis has gone into one programme but not into others. I hope to convince him—if not now, then at other times as the process proceeds—that that is not the case, but it is a perfectly reasonable point to make.

[Stuart C. McDonald]

The key question to which we would like an answer is whether the Minister will at least take away the suggestion that the current approach, in which a child at 17 can apply for reunification but there is an arbitrary cut-off at 18—is sensible. We should consider their circumstances. Did they live with that family beforehand? Are they wholly dependent on the family? Will he at least take that away and work with others to implement a more sensible rule?

[Richard Harrington]

I thank the hon. Gentleman for that intervention. I point out—I was going to mention this a little further on—that there will be revised guidance on immigration rules, and many of the points mentioned in this debate will be taken into consideration. If he bears with me, I hope to satisfy him, if not in content then by showing that I am trying to answer some of the questions raised. However, I must make the point that there are already several ways for families to be reunited and the resettlement schemes are part of that.

Our family reunion policy allows immediate family members of those granted protection here or who were part of the family before the sponsor fled their country to reunite in the UK. It reflects our obligations under the refugee convention. As I have said, we work closely with the UNHCR to include the most vulnerable people in the Syrian resettlement scheme.

The Immigration Act 2016, which passed very recently, announced our intention to resettle from Europe a number of unaccompanied refugee children, mentioned extensively by all right hon. and hon. Members here, particularly the shadow Minister. Under that initiative, we will prioritise family links in the UK. A point has been made about the speed at which family reunification takes place. It has been described as far too slow, and we should do what we can to ensure that the Dublin process works far more quickly for the sake of such children, some of whom the right hon. Member for Orkney and Shetland has seen on his visits to Calais, Dunkirk and elsewhere. Again, that is not a point that we completely ignore.

At the moment, we are meeting many of the organisations that have been mentioned today and other member states to find ways to make this process much quicker. The Immigration Minister has been in Greece and senior officials have been to Italy and France to discuss how it is done. There is no question about it—we agree that the system has to be speeded up. That is why earlier in the year we sent a UK expert to France and why we now have a permanent secondee in the Italian Dublin unit. Shortly, we will be seconding further people to Greece. We have already offered 75 asylum and immigration experts to assist Greece in operating the hotspots; 18 have already been deployed and are working there and the rest are in the process of being deployed.

We are really looking at entry clearance timetables, including with the Red Cross, which the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) mentioned. It is open to applicants to tell us when they want the visa to take effect—we are not going slowly. Sometimes there is the implication that we are trying to make the process go slowly to stop people from wanting family reunification.

This is a difficult field. The shadow Minister and the right hon. Member for Leicester East, the Chairman of the Home Affairs Committee, mentioned people traffickers. There is not a single member of this House who could disagree with anything that has been said about people traffickers. However, family reunification is vulnerable to people traffickers.

For example, we have heard—I accept that this is just the sort of thing that people hear, but it has been heard by people on the ground—that there were 50 people on the Bosnian-Macedonian border who claimed to have the same uncle in a village in Sweden. The people traffickers actually tell people to say that they have family in different countries, even down to individuals. I hope that right hon. and hon. Members would not think that that means that I think “Oh, we shouldn’t have family reunification, because some people try to exploit it”, but it does mean that officialdom has to try to verify carefully that these are genuine family reunification cases.

--- Later in debate ---

[Stuart C. McDonald]

rose—

[Richard Harrington]

I will just finish my sentence and then I will happily accept the hon. Gentleman’s intervention.

More than 30 children were accepted between January and April. Many people say that that is totally inadequate and that things are moving at a snail’s pace, but they are speeding up; there is absolutely no question about that. There are many cases now in train and transfers can happen within weeks; there is often an implication that it is months, or even longer.

However, under Dublin, the children need to apply for asylum in France. There is a French NGO that the Government work closely with, called Terre d’Asile; my French is appalling, Mr Bone, for which I apologise. It is funded by the French Government, with our help, to help us to do this. No one child or adult need remain in those camps, but it is impossible to know how many children there are who fall within this. Whether there are 50, 100 or 150, the numbers do not matter to us, because we want to get them processed quickly.

There is lots of speculation about numbers; it is very easy for very good organisations and very well-meaning organisations to come up with numbers. There have been surveys and there has been sampling. However, it is our job to ensure that those children who do qualify understand the process and that the process is explained by people who can speak to them in their own language and in a simple manner. I understand that there is a lot of fear among the children about the French authorities and other authorities. In the countries that these children come from, people do not think of authorities in the way that people think of authorities in this country. So there is work to be done. However, the British Government are doing a lot to work with the French authorities. We must remember that they are in France; we are operating overseas and our officials are still UK officials. They are not French officials and we cannot ignore the fact that they are in France.

I apologise to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East; I will give way to him now.

[Stuart C. McDonald]

I am grateful to the Minister for giving way. He has given welcome reassurances that the process of taking children from Calais and Dunkirk has been speeding up. Other Ministers—including, indeed, the Home Secretary—have given such assurances as well. However, when Members submit written questions that ask for hard numbers and processing times, we keep getting answers that say those cannot be provided. An excellent report from the Home Affairs Committee has asked for that sort of information to be made available. Will the Minister encourage his colleagues to ensure that it is made available, so that we can check that these assurances are worth listening to?

[Richard Harrington]

The hon. Gentleman is asking, “Will I encourage my colleagues to disclose as much information as they possibly can?” I think the answer is, “Absolutely. Yes, I will.” I hope that the right hon. Member for Leicester East would agree that more numbers are forthcoming than was traditional under previous Governments, when there was significantly less information on the subject.

Over the last five years, the rate of family reunification has been 4,000 to 5,000 per year, but I see that increasing with the different schemes that are happening. It is for our Government to help the other Governments in mainland Europe to provide the machinery, so that we can resettle those people more quickly.

One could argue that the Governments of mainland Europe have been so overwhelmed by the numbers that they have not been able to process the unaccompanied children for family reunification. Again, I do not think that that is down to lack of will. I just think that the numbers have completely overwhelmed them. From our end, it is important that we do everything that we can to help them to catch up.

I will go on to the points that have been made about the immigration rules, which enable British citizens and people settled in the UK to sponsor their spouse or partner and children under 18 to join them here. Obviously, they have to make the appropriate entry clearance application and meet the relevant criteria. That is our international obligation. The rules allow those with refugee leave or humanitarian protection status to sponsor a spouse or partner with whom they have formed a relationship after they fled their country of origin. The rules are wider than many would think, but I accept that they are not as wide as many would want. They were strengthened in the previous Parliament. The Government do not accept that the rules are unfair. We believe that they have the right impact and help to restore public confidence in this country in the immigration system.

An important point that was raised several times this afternoon—