Asylum Seekers: Legal Advice

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Monday 5th February 2018 Lords Chamber

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether they intend to ensure that every failed asylum seeker, and anyone facing removal from the United Kingdom for whatever reason, has access to adequate legal advice.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, legal aid is available for individuals faced with deportation where they are claiming asylum or challenging their detention. The Government have commenced the post-implementation review of legal aid, which will include the scope of legal aid for immigration and asylum cases.

[Lord Roberts of Llandudno (LD)]

My Lords, the Minister will be aware that many asylum seekers are unable to access legal advice, for different reasons. Some are penniless and others just do not know the procedures. The result is that many of the decisions made by the Home Office are unsound and reversed on appeal. In 2005, 13,000 appeals were allowed. In 2010, 35,000 were allowed and, in 2015, 17,000 were allowed. Therefore, in 10 years 250,000 appeals were allowed—a quarter of a million wrong decisions by the Home Office. Will the Minister please tell me what he is doing to remedy that situation so that we have a procedure that is fair and equable?

[Lord Keen of Elie]

My Lords, all persons detained in immigration removal centres now have access to a duty solicitor and therefore have access to legal advice.

Syrian Refugees

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Tuesday 12th July 2016 Lords Chamber

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government what steps they are taking to fulfil their pledge to accept 20,000 refugees from Syria into the United Kingdom by 2020.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the Syrian vulnerable persons resettlement scheme is on track to deliver the Government’s commitment. The most recent statistics published on 26 May 2016 show that a total of 1,854 people have been resettled in the United Kingdom under the scheme since it began in March 2014.

[Lord Roberts of Llandudno (LD)]

My Lords, I thank the Minister for his disappointing reply. In February, there were 1,194 people under the scheme. The number has risen by only 700. To reach the number of 20,000 by 2020 means that we will have to take 4,000 a year, not 700. How on earth will the Government keep their promise when they are unable even at the beginning to fulfil their pledge?

[Lord Keen of Elie]

It is important that we understand the facts. The scheme began in March 2014, when it was decided that a number of hundreds of vulnerable Syrians would be resettled here. It was on 1 September 2015 that the Prime Minister determined to increase the number to 20,000, and it is since that date that the numbers have been increasing. As I said, it is anticipated that within the life of this Parliament, which will be until 2020, we will resettle 20,000.

Immigration

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Wednesday 8th June 2016 Lords Chamber

[Lord Keen of Elie]

I entirely concur with my noble friend’s observations. It is unfortunate that these two groups are lumped together so often, when we are dealing with two very distinct issues.

[Lord Roberts of Llandudno (LD)]

My Lords, does the Minister remember that, in 1932, the Jews were discriminated against and demonised and that that demonisation led to that terrible Holocaust? Is not the same thing happening now? Some people are demonising migration and immigrants and it will have terrible consequences unless we stop it.

[Lord Keen of Elie]

I do not accept that there has been such demonisation. Again, it is important to distinguish between those who are genuine asylum seekers, seeking genuine refuge, and those who are economic migrants.

Immigration: Public Services

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Tuesday 10th May 2016 Lords Chamber

[Lord Keen of Elie]

This Government had to wrestle with the inheritance of 2010 on migration. We found ourselves with more than 900 bogus colleges arranging for the admission into this country of fake students in the hundreds of thousands. Some 920 of those fake colleges have been closed since 2010. That itself has relieved pressure on our services.

[Lord Roberts of Llandudno (LD)]

My Lords—

Refugees: Unaccompanied Children

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Tuesday 10th May 2016 Lords Chamber

[Lord Keen of Elie]

I believe that everyone is aware of the urgency of this issue. The Government said last week that we expected that the first children would arrive before the end of the year, not—as was widely reported—that it would take until the end of the year before they arrived.

[Lord Roberts of Llandudno (LD)]

My Lords, surely we remember that this proposal from Save the Children was first made last September. Since that time, it seems that nothing has been prepared by the Government in order to make sure that these children are welcomed here by people who really have warm hearts willing to welcome them. Are not the Government acting totally out of step with the thinking of the majority of caring people in the United Kingdom?

[Lord Keen of Elie]

I do not accept that for a moment. This Government have been at the forefront of efforts to deal with the refugee problem not only in Syria but also as it has affected Europe. We are taking further steps, as the noble Lord knows, to deal with the question of unaccompanied children. However, noble Lords will remember that those children who are now in Europe are in relatively safe havens. It cannot be suggested that France is anything other than a safe country. For those children who have a connection or direct family links with the United Kingdom, we are taking steps to ensure that that connection is established properly and that they are brought to the United Kingdom.

Young Asylum Seekers: Deportation

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Monday 9th May 2016 Lords Chamber

[Lord Roberts of Llandudno]

To ask Her Majesty’s Government whether it is their continuing policy to deport failed unaccompanied asylum seekers on reaching 18 years of age.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

In the absence of adequate reception arrangements in the country of origin, our policy is not to return unaccompanied children who are refused asylum. Instead, we grant leave until they reach adulthood. At that point, individuals can make further representations, but if they do not qualify for protection or another form of leave, it is right that they leave the United Kingdom. Support is available for people to return voluntarily.

[Lord Roberts of Llandudno (LD)]

I thank the Minister. I tabled a Written Question on 13 April asking for the number of 18 year-olds deported in each of the last 10 years. One month later, I have still not received a reply. I received a reply last October to a Question about deportation figures, and was given a number for 2010 of 132. After another Question in March, that was corrected to 778. The initial figure given for 2014 was 151, which was later corrected to 445. Is the Minister happy with these sorts of misleading citations of figures from the Home Office? Is it not time that we had some explanation for why this happened? The Home Office is reluctant to give answers, and when it does so, the answer is wrong.

[Lord Keen of Elie]

There is no reluctance on the part of the Home Office to answer these questions. Given the diverse number of figures that the noble Lord has mentioned, it might be difficult to determine which of them was wrong and which was right.

Immigration Bill

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Tuesday 15th March 2016 Lords Chamber

[Lord Keen of Elie]

I am not in a position to immediately answer that question but, if I may, I will write to the noble Baroness on that point.

[Lord Roberts of Llandudno]

I am grateful to the Minister for responding. His facts and figures are a wee bit at variance with those that I have, and I think that we need to explore this further. Therefore, tonight, I will withdraw this amendment, but I suggest that we come back to this subject very soon because so many refugee and voluntary organisations are very concerned about this deportation dating. I beg leave to withdraw the amendment.

Immigration Bill

Debate between Lord Roberts of Llandudno and Lord Keen of Elie

Monday 1st February 2016 Lords Chamber

[Lord Keen of Elie]

With respect, it is not possible to say to somebody that they will be in detention for X period in this context. For example, if they choose not to co-operate by producing any documents, or they do not tell the truth about their point of origin or their journey—where they arrived in Europe, for example—it may be very difficult to investigate their circumstances, and they may yet during that period pose a risk, whether to the public or otherwise. Therefore, detention is not necessarily, and cannot be, dictated by reference to a fixed period. But of course, it is open to them to go to a tribunal and apply for bail—and that is the whole point. So it is not, in that sense, indefinite: they have the opportunity to canvass before the tribunal the issue of whether or not they should remain in detention.

At Second Reading, we heard a number of noble Lords speak on detention. As has been said, there was a contribution from the noble and learned Lord, Lord Brown of Eaton-under-Heywood. He rightly identified that:

“There are two basically different circumstances in which people are detained under the legislation: first, on initial application for asylum and, secondly, when, much further down the line, it is sought to remove people whose rights of whatever sort have expired and it is proposed that they finally be deported”.—[Official Report, 22/12/15; col. 2473.]

The detained fast track generally related to the first category that the noble and learned Lord, Lord Brown, identified. Many noble Lords will be aware that the detained fast track has been suspended since July following my right honourable friend the Immigration Minister’s decision that he could not be certain of the level of risk of unfairness to certain vulnerable applicants who may enter the process. I can confirm to the noble Lord, Lord Rosser, that the detained fast track will remain suspended until my right honourable friend is sure that the right structures are in place to minimise any risk of unfairness and that effective safeguards can be put in place. A Statement will be made when that point is reached.

[Lord Roberts of Llandudno]

Can the Minister tell me in what circumstances that was suspended? Was it not because of a High Court action, which found that it was illegal?

[Lord Keen of Elie]

There was, among other things, a determination as to the legality of the process. I accept that—but that is why it was suspended and why it remains suspended at the present time.

Those who are detained for any length in the removal centre estate will normally be cases that fall into the second category mentioned by the noble and learned Lord, Lord Brown: those who have had their application to remain in the United Kingdom refused, whose rights have expired and who it is proposed should finally be removed. I ask the Committee to reflect on the fact that if all individuals complied with a notice that they should leave the United Kingdom, there would be little need for immigration detention, and certainly very limited need for detention beyond a very short period. However, some individuals choose not to comply with the law and do not leave the United Kingdom when they should. That is the position we are in.

Amendment 218A would require a bail hearing in every case of detention within 28 days. As I have explained previously, mandatory bail hearings by set deadlines are incredibly resource-intensive for the tribunal and have been rejected previously as being unworkable in practice. Amendment 218B would impose a requirement to release on immigration bail after 28 days of detention, unless an individual had been convicted of an offence under the Modern Slavery Act.

I can understand the noble Baroness’s reasoning for the amendment. The offences listed in Schedule 4 are very high-harm offences. But what justification could there be for detaining beyond 28 days anyone other than these high-harm criminals? Matters are not that simple. We seek to remove national security threats under deportation powers—individuals who do not have a conviction but where there is clear intelligence that they pose a risk to the public. This power would prevent detention of these individuals beyond 28 days. It would lead to the release, for example, of Abu Qatada, despite the clear threat that he and others like him pose.

The noble and learned Lord, Lord Brown, went on to say:

“Many participants in this debate have urged and will urge, benevolently, for fixed limits—sometimes as little as 28 days—to immigration detention. I say to those noble Lords: do not underestimate the ingenuity and persistence of many of those who seek to defeat immigration controls. Time and again, down the years, the system has been cleverly played, often by those who are least deserving of our sympathies. In the present edition of one of the standard textbooks on immigration law, the chapter on detention and bail extends to 96 dense pages and endless footnotes. A case on this topic in the Supreme Court in 2011 … stretched to 115 pages of judgments. This is a difficult area of the law and I respectfully suggest that we should not rush to impose some limit”.—[Official Report, 22/12/15; col. 2474.]

Again, the noble and learned Lord, Lord Brown, summarised the position well. I ask this House to heed his wise words and not to legislate in haste. It is for these reasons that I ask that the amendment be withdrawn.

Before I sit down, I notice that I have not responded fully to the points made by the noble Lord, Lord Ramsbotham. In particular, he raised the question of consultation on the short-term holding facility rules. It is regrettable that we have not yet consulted on those rules. However it has to be remembered that they operate not in a vacuum but under the statutory framework contained in Part 8 of the Immigration and Asylum Act 1999 and its associated schedules. They are also covered by the Home Office’s detention services orders. Now that the Shaw report has been published, we will take forward consultation on the draft rules.