Asylum Seekers: Convictions
Debate between Lord Stewart of Dirleton and Lord Blunkett(10 months, 2 weeks ago)
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Lord Stewart of Dirleton (Con)
My Lords, there are several reasons why a decision may be overturned at appeal, including new evidence that was not available to asylum caseworkers. Where a crime has been committed, it will be considered whether the person committing the crime poses a danger to the community and should be denied protection. As for the matter of Christian conversions that my noble friend raised, it is important to bear in mind that the Christian church—the Church of England—is not an arm of the Home Office, and that conversion is not a bureaucratic exercise but rather a matter of the operation of grace, such as we heard from the right reverend Prelate earlier.
Lord Blunkett (Lab)
My Lords, will the Minister confirm that this is absolutely nothing to do with foreign courts? If the system, as outlined by the noble Lord, Lord Jackson, is broken, there have been 14 years for this Government to put it right. Is it not correct that, from 2004 onwards, the restriction was already in place in relation to the removal of those who had committed crimes—including sexual crimes—enhanced, yes, by the Nationality and Borders Act 2022? Is it not the process, rather than anything to do with the law, that requires examination?
Lord Stewart of Dirleton (Con)
My Lords, any foreign national convicted of a crime and given a prison sentence is considered for deportation at the earliest opportunity. Under the legislation to which the noble Lord referred, the UK Borders Act 2007, a deportation order must be made where a foreign national has been convicted of an offence and received a custodial sentence of at least 12 months. As to the other matters raised in the question, it is important to remember that restrictions on returning persons to the countries from whence they came are also matters of our international obligations, including treaties such as the European Convention on Human Rights.