EU Settlement Scheme: Looked-after Children and Care Leavers

Afzal Khan Excerpts

Tuesday 3rd September 2019 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bone. I, too, congratulate the Minister on her post and look forward to working constructively with her. I thank my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) for securing this important debate and bringing this serious issue to the fore. I also thank The Children’s Society, the Refugee and Migrant Children’s Consortium and the Greater Manchester Immigration Aid Unit for their comprehensive briefings.

As we head ever closer to a disastrous no-deal Brexit, the rights of the 3.8 million EU nationals living in the UK are still in jeopardy. By a conservative estimate, 5,000 EU children live in care in the UK and a further 4,000 care leavers will be affected by the EU settlement scheme. Across the UK, our already stretched local authorities are now responsible for safeguarding the rights of thousands of European looked-after children and care leavers.

If that already vulnerable group of children does not secure their rights after Brexit, we could easily double the number of undocumented children living in the UK, which is a situation that none of us want to see, as I am sure the Minister agrees. Those undocumented children and young people would then be subjected to all the Government’s hostile environment policies: they will be unable to work, drive or open a bank account, and they will effectively be barred from college, university and secondary healthcare.

That is why Labour supports a declaratory scheme, as opposed to the Government’s constitutive scheme. A declaratory scheme would ensure that all EU citizens living in the UK automatically retained their rights after Brexit. I had many discussions with the previous Minister about the issue and I hope that the new ministerial team will look again at the proposal. Without reforming the system entirely, it is imperative that the Government look again at the problems faced by children in care and care leavers in applying for settled status.

I want to outline my three most pressing concerns about children in local authority care and care leavers who need to secure settled status. A number of other Members have also touched on these points.

First, many looked-after children and care leavers lack the documentation necessary to complete their application under the settlement scheme. Many children in care will not have the identity documents that the Home Office requires for settled status. If a child is born in the UK, they will more than likely not have a passport or identity card to prove their nationality. It is estimated that more than half a million children fall into this category.

As the largest-scale registration programme the Home Office has ever embarked on, the settlement scheme has brought into stark relief how little we know about the immigration status of the children in the care of the state. Does the Minister agree that we must ensure that these children do not fall through the gaps just because they are unable to prove their nationality?

My second concern is the lack of information available to local authorities. The Government have spent the last 10 years slashing local authority budgets and now they expect those cash-strapped councils to take responsibility for registering the thousands of EU national children in their care. Earlier in the year, following the roll-out of the settlement scheme, the Government issued guidance to all local authorities on how they should be supporting children in their care and care leavers, which stated that there is no general duty on local authorities to ensure that immigration status is secured for looked-after children. Does the Minister not consider securing a looked-after child’s immigration status to be a fundamental part of the state’s corporate parenting responsibilities?

Thirdly, I am concerned about the legal advice being offered to looked-after children. There is potential for children with the right to apply for British citizenship being advised to pursue settled status in the rush to ensure they are protected. Does the Minister agree that only those with sufficient expertise should be giving immigration advice to children in care and care leavers?

All looked-after children have the right to seek legal aid in applying for their settled status. What steps is the Minister taking to make local authorities aware of their right to apply for exceptional immigration case funding for children in their care? Will the Minister also guarantee parliamentary time in what remains of this Session for the amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 that would cement that right in legislation? Labour is committed to providing early legal advice for all immigration cases. Legal aid is not just a force for good, but could also save the Treasury millions in the long run.

As we all know, there are a multitude of problems at every stage in the immigration process for children in care, and for just about all other vulnerable groups in our society. That includes the cost of citizenship applications, the time it takes to apply and the hostile environment. There are many issues I have not had time to touch on today. I hope the Minister will answer the questions we have raised. It is vital that no vulnerable child or young person is allowed to fall through the gaps of the settled status scheme.

TOEIC: Overseas Students

Afzal Khan Excerpts

Wednesday 24th July 2019 Commons Chamber

[Caroline Nokes]

I commend the right hon. Gentleman for his diligence in pursuing this issue. He certainly brought it to my attention very early on in my tenure as Immigration Minister. It is important to reflect on the fact that the courts have said, in separate cases, that the evidence was enough to take the action that we did and that people had cheated for a variety of reasons. My right hon. Friend the Home Secretary did indeed publish a written ministerial statement yesterday, which gave an indication of the changes so far, but it is important that we continue to work on the issue and find a mechanism to allow people, where necessary, to have some form of review. Unfortunately, I cannot set things out in the detail that the right hon. Gentleman has requested at this time, but I reassure him that I am conscious that we have a new Prime Minister and, should I remain in this post, I will seek to raise the TOEIC issue with him as a matter of urgency, because it is important that we work as a Government to ensure that we find a mechanism for redress for the few cases in which a wrong decision may have been made.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank my right hon. Friend the Member for East Ham (Stephen Timms) for securing this urgent question and making a powerful case. His work and commitment on this issue has been tremendous. The TOEIC scandal is another example of the Government’s hostile environment, plunging thousands of lives into uncertainty. This shameful episode, which started in 2014, has led to thousands of students being accused of cheating and the cancellation of some 35,000 student visas. Multiple organisations and court cases have questioned the allegations, uncovering the Home Office’s many shortcomings.

The damage, distress and loss caused to the international students wrongly accused of cheating has been colossal, leaving them feeling like criminals. Likewise, it has damaged our international reputation as a preferred destination for international students. It is evident that the Home Office has not learned key lessons from this debacle and the hostile environment policy, which is obviously still in play. I met students in Parliament and was shocked to learn about the abuse that they have experienced and to learn that they all suffer mental health problems—something not to be taken lightly.

The Home Secretary revealed at Monday’s Home Affairs Committee meeting that a new reconsideration system will be introduced, but the details remained vague in yesterday’s statement. The urgency of this matter must be understood, and the Government must clarify what the new system will look like and when it will be set up. These students have endured serious hardship and deserve answers, and immigration policies and processes must be fair and transparent. Will the Minister confirm that no further students accused of cheating in a TOEIC test will be detained or forcibly removed? Does she also accept that students have faced serious financial losses? If so, what financial support will be provided? This grave injustice must be corrected as quickly as possible.

[Caroline Nokes]

I thank the hon. Gentleman for his questions, but I point out to him that, far from this being a shameful scandal, what is shameful is that this was cheating on an industrial scale. The latest National Audit Office report confirmed that abuse of the system was widespread, and the 2012 NAO report indicated that “abuse was rife”. Of course, the Home Office also not only sought compensation from ETS, but received it. It is therefore absolutely imperative that we emphasise that this was criminal activity and that people have been imprisoned. As I said earlier, 14 more individuals are facing court action as a result.

The hon. Gentleman will be well aware of the responses that my right hon. Friend the Home Secretary recently gave to the Home Affairs Select Committee, and I want to emphasise his precise words. He spoke of

“a very small number, judging by the cases that have gone through the courts or come to the Home Office since 2014. Nevertheless, even if it is one individual who has been wronged, it is our duty to make sure that we are doing more to help.”

It is our duty, and that is absolutely what my right hon. Friend the Home Secretary intends to do.

Nationality

Afzal Khan Excerpts

Tuesday 23rd July 2019 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

The good character requirement has wrongly blocked children from registering for their right to British citizenship. We support the statutory instrument because it corrects a discriminatory and wrongful requirement. This requirement in relation to citizenship is highly controversial and, simply put, it is outdated in the present climate. British nationality law granted automatic citizenship by descent only to children born in wedlock to British fathers. Although previous changes have allowed children born to British mothers or fathers to become British citizens by descent whether their parents were married or not, discrimination remained because they were required to prove good character.

Concerns raised by the Joint Committee on Human Rights, the courts, numerous organisations and young people themselves all indicate that it is inappropriate to apply the good character test to children who have a right to be British. The statutory changes proposed today would address those concerns by removing the requirement to prove good character. It is disappointing that the Home Office had to be taken to court to be forced to make this change. I hope the Home Office will not wait for another court ruling to address the other glaring problems with UK nationality law, especially in relation to children.

We believe that the good character requirement has led to serious discrimination. Children from BME backgrounds, as well as children in care, are much more likely to be denied citizenship because of unequal treatment in the criminal justice system. The root of the problem came about when the Government began blurring the distinction between registration and naturalisation. The original good character requirement was not defined, and it related to adult migrants applying to naturalise as British citizens. Since then, the requirement has been applied to children who were born and grew up in the country of which they wish to register citizenship, thereby wrongly denying them their rights to register British citizenship.

[Mr Jim Cunningham (Coventry South) (Lab)]

I strongly agree with my hon. Friend, who has raised an important point about discrimination. Lots of children came to this country, possibly as refugees, and are in care. When they reach a certain age, they have difficulty getting British citizenship. Surely, that has to be put right.

[Afzal Khan]

I agree with my hon. Friend. Denying someone their right to citizenship of the only country they have ever known is a heinous overreaction to a policy caution, especially for children as young as 10.

Concerns remain about citizenship, most prominently in relation to cost and access to legal aid. The JCHR recommended that the Home Office should not charge an application fee to those who have previously been discriminated against. Can the Minister confirm that that is the Government’s intention? When we can expect that to be made clear in legislation? The Government are making a profit on fees charged to children who are registering their right to British citizenship, and those who cannot afford the fee will effectively be denied their right to citizenship. We believe that that is wrong. Will the Minister set the fee for citizenship at cost price, and will she make sure that full fee waivers are available to any child who cannot afford the fee?

As we approach the deadline for EU settled status, there will be a number of children in local authority care who will need to be registered. That brings into sharp relief how little we know about the immigration status of children in care of the state. Many children will be entitled to citizenship, but not aware of it. What steps is the Minister taking to work with local authorities to identify those children with insecure immigration status, and ensure they receive proper legal advice?

Police Surveillance of Journalists

Afzal Khan Excerpts

Wednesday 17th July 2019 Commons Chamber

[Mr Hurd]

My right hon. Friend is a long-standing champion of civil liberties and press freedom; in fact, there is probably no greater one in this House, and I am grateful to him for the UQ and the opportunity to place on record again—because, as I said, this cannot be said often enough—the Government’s absolute commitment to protect the freedom of the press. That is a cornerstone of our democratic processes, and he has heard that from the Prime Minister, the two men who want to be the next Prime Minister, the Home Secretary and anyone else at a microphone; that is entirely sincere.

My right hon. Friend is also quite right to point out that the Investigatory Powers Act has been subject to a tightening-up process, in large part stimulated by the promptings of himself and colleagues. The point I was trying to stress in my remarks is that we do believe—although this is being challenged and will continue to be challenged by people who take a different view—that the safeguards and protections in place and what our security, intelligence and law enforcement agencies are required to go through in terms of, for example, seeking a targeted communications data authorisation are extremely stringent.

As my right hon. Friend said, authorisations in this case need to be approved by a judicial commissioner. A Government of any colour need to be subject to scrutiny and challenge on the robustness of these approaches. I am not going to comment on the specific case; I am here simply to set out the process in relation to the protections that my right hon. Friend and others quite rightly seek to be reassured by, and I hope that I have done so.

[Afzal Khan (Manchester, Gorton) (Lab)]

Press freedom is an integral part of democracy. We do not have too much freedom of the press in this country; we have too little. Can it be right that the press is threatened for publishing material that is in the public interest? The illegality in leaking the British ambassador to Washington’s thoughts may be tested in the courts, so I shall be cautious about any remarks on that, but surely it cannot be illegal to publish those remarks simply because they are the cause of embarrassment to the Government. Surely, it cannot be right that scanning technology is being used against journalists to investigate the leak. Is it open to the Home Secretary to issue guidance to police forces on this matter, to ensure that there is not now or in the future this trawling of journalists’ phones, laptops and other devices?

In another case earlier this month, the Belfast High Court declared that the warrants authorising the search and arrest of two documentary filmmakers were unlawful and that everything seized from the filmmakers must be returned. The filmmakers had previously released a documentary about a mass killing in Northern Ireland for which no one has ever been charged, “No Stone Unturned.” The Belfast High Court was surely right, but this case highlights the need for greater judicial oversight of the police and the security services, especially in their dealings with the press.

[Mr Hurd]

I am sure the hon. Gentleman will want to make it clear on behalf of the Opposition that they entirely support the police having the ability to get on with their work and identify the leaker. The police certainly have our full support on that, because those leaks should not have happened and they have been damaging. I am sure everyone wants to see the leaker identified.

The hon. Gentleman will also I am sure, having done his homework, be aware of what the Official Secrets Act 1989 says, in particular section 5, and that is how the law stands at the moment, but what is critical—I am delighted to come to the House again to make this clear—is that in going about their business on our behalf, the security, intelligence and law enforcement agencies need to jump through some very significant hoops and go through very robust processes, including, as I have stated, when they seek a targeted communications data authorisation approval by a judicial commissioner before it can take effect. We are satisfied—but this must always be open to challenge—that those processes, safeguards and checks and balances are robust.

We operate in a vibrant democracy, and we in this place always in my experience have vigorous debates about these balances and the need for safeguards. We have debates about pushing back the powers of our law enforcement agencies—whereas in other countries those debates do not take place—and that is a symbol and sign of the health of our democracy. I am sure that at the end of this UQ, we and the watching public will be in no doubt about this House’s commitment to the freedom of the press.

Oral Answers to Questions

Afzal Khan Excerpts

Monday 15th July 2019 Commons Chamber

[Caroline Nokes]

I was very pleased last week to meet ministers of religion across a wide range of faiths to discuss this specific issue. I am sure Members will agree that when it comes to ministers of religion, as opposed to religious workers, it is imperative that those who are going to preach and conduct pastoral work within any religion need to have a good standard of English, which is why the Home Office is requiring them to apply for a tier 2 visa, as opposed to a tier 5 visa, which of course does not require the language check.

[Afzal Khan (Manchester, Gorton) (Lab)]

The Windrush crisis did not fall from the sky but was a direct result of the hostile environment, which the High Court has found directly causes discrimination. The Windrush compensation scheme took over a year to set up and has a two-year deadline. Has anybody actually received the money in their bank account yet? How will the Minister ensure that claimants receive speedy compensation? Does she believe that two years is long enough to ensure that nobody who is entitled to compensation loses out?

[Caroline Nokes]

I thank the hon. Gentleman for that question. He will, of course, recall that elements of the compliant environment were introduced under the last Labour Government, including the controls introduced in 1999 on temporary and illegal migrant access to benefits and the Nationality, Immigration and Asylum Act 2002, which introduced controls on local authority social care.

The hon. Gentleman raises an important question about the Windrush compensation scheme, and it is important that we have the scheme up and running and are receiving applications. We have, of course, undertaken to provide regular updates to the Home Affairs Committee, which will provide exactly the information that the hon. Gentleman seeks.

Of course, it is a requirement under legislation that the compensation scheme be for a period of two years, but we are looking closely at that. I reassure the hon. Gentleman that should there be a requirement to extend it, which would undoubtedly need primary legislation, we would be happy to consider that.

Immigration Detention: Trafficking and Modern Slavery

Afzal Khan Excerpts

Tuesday 9th July 2019 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Gary. I, too, thank my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) for securing the debate and for the hard work she does on this subject—as a new MP, I have witnessed the tremendous work she does. I also pay tribute to all the organisations and individuals who work on this issue day in, day out.

Survivors of trafficking and modern slavery are being locked up in immigration detention. Before I examine why that is happening, or what the solutions are, it is important for the Minister to recognise that fact and to apologise for the unimaginable harm that it is causing people as we speak. The detention of survivors of trafficking is not an accident or an isolated mistake; it is the result of a deliberate policy to create a hostile environment and to systematically erode migrants’ rights. There is a fundamental contradiction between the hostile environment and the modern slavery strategy, made worse by the fact that they are both managed by the same Department. So far, the hostile environment is winning.

The solution to the problem cannot be piecemeal. We desperately need a wholesale change in the culture and rhetoric at the Home Office. If immigration detention were used less, fewer trafficking victims would be in detention. If we had judicial oversight and a time limit on detention, fewer trafficking victims would be in detention. If there were legal aid for immigration cases, fewer trafficking victims would be in detention. Flowing down from the abhorrent rhetoric at the top, failures at every stage of trafficking survivors’ interactions with Government have meant that people have ended up in detention.

Starting with how people end up in detention in the first place, there is no independent screening process when someone is detained for administrative convenience. The Home Office has a detention gatekeeper, but it only uses information that the Home Office already has about a person, and often such information does not prevent victims of trafficking or modern slavery from being detained. The Home Office is failing to communicate with itself or to pick up on clear indicators of trafficking. Thanks to the hostile environment, bodies such as the police have taken on the role of immigration enforcement.

Women for Refugee Women has encountered at least four women who were taken straight from raids on brothels and massage parlours to immigration detention. Amnesty’s briefing for this debate outlines the case of someone who was encountered during a raid on a cannabis farm. They were arrested and taken through the criminal justice system, and they served a prison sentence. On release from prison, they were taken directly to immigration detention. That happened even though the Home Office knew, and had accepted, that that person was a victim of trafficking and a survivor of sexual violence. What is striking about this failure of communication is that information-sharing works well when it comes to locking people up. It is just when it comes to trying to get people released, or not detained in the first place, that the Home Office cannot seem to communicate with itself.

Once someone is in detention, it is difficult for them to be recognised as a survivor of trafficking or modern slavery, and many people find it extremely difficult to disclose their experiences. Such experiences are traumatising, but detention is re-traumatising for many, which makes it a poor environment in which to disclose abuse. The Home Office does not create an environment that would be conducive to disclosure. Women for Refugee Women found that six of the 14 women it spoke to had their initial health screenings between 10 pm and 6 am, despite the chief inspector of prisons repeatedly recommending against that. In two cases, women’s initial health screenings were carried out by a male nurse, In another case, there was no interpreter.

Even when someone does disclose their experiences, the Home Office fails to follow correct procedure. When a rule 35 report states that someone has been a victim of trafficking, the Home Office does not always refer the case to the national referral mechanism. The quality of referrals to the NRM is poor, and there is a discrepancy in decision making both inside and outside detention. What does the Minister think is causing that discrepancy? According to the Jesuit Refugee Service, it is not uncommon for someone to be unaware that they have been referred to the NRM, and people need access to legal aid to prepare for an NRM referral in detention. A positive decision taken on reasonable grounds does not always trigger release. The Jesuit Refugee Service knows of at least three people who spent their 45-day recovery period in detention, and by all accounts, the adults at risk policy has made the situation worse for vulnerable people in detention. Caseworkers must now weigh vulnerability against immigration factors, which means that the bar for release is higher.

Some of the immigration concerns the Home Office has given to deny release are absurd. For example, the risk of abscondment is cited because someone will be released from detention into destitution, but it is the Home Office’s duty to provide support on release. Nowhere in the guidance does it say that, if a person is a victim of trafficking or modern slavery, they must be released, and such decisions are always weighed against other considerations. Will the Minister commit to changing that?

Once someone is finally released, support is often poor. Many people are released into destitution, and are at risk of being re-trafficked. If they have been refused asylum, they will be faced with study bans, have no access to English language classes, and live in isolation. Solicitors often fight to secure someone a place in a safe house. When asked to give an address for release, people may not provide a safe one. In one case, Women for Refugee Women found that a woman who had been forced into prostitution was released back to the address where she was sexually exploited before she was detained.

In conclusion, there is a basic contradiction between the Government’s modern slavery strategy and the hostile environment. If the Minister is serious about wanting to stop criminal gangs and protect survivors of trafficking, she must make it safe for people to come forward. At the moment, the traffickers’ threats that reporting abuse will get someone arrested are being proved right. We need legal aid and an independent body that makes decisions about detention. We need judicial oversight and a time limit on detention, and we must end the hostile environment. Labour would do those things. It would also close the Yarl's Wood and Brook House immigration detention centres, using the money saved to fund support for survivors of modern slavery, trafficking and domestic violence.

Immigration

Afzal Khan Excerpts

Wednesday 26th June 2019 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

The motion raises a broad and important range of topics. My speech will equally take a broad approach to the Prime Minister’s legacy on immigration, but I will try not to detain the House too long, as I am aware that a number of Back Benchers wish to contribute.

As we look back on the Prime Minister’s tenure as Home Secretary, and then as Prime Minister, we reflect on the fact that she was the architect of a cruel and ineffective immigration system that will reverberate through the lives of our constituents for generations. The coalition Government made two pledges that would set the course of the UK’s immigration policy for a decade. The first was to bring down net migration to the tens of thousands. This bogus target was backed up by no research or rationale, apart from being a good soundbite. It has done harm to our economy and led to the scapegoating of migrants, and it has never been met.

The net migration target drove the Government to restrict access for international students. International students generate over £25 billion for our economy. They contribute to our culture and society and to soft power abroad, not to mention the fact that they subsidise university fees for UK students. Labour has called for international students to be taken out of net migration numbers.

The second pledge was to create a “really hostile environment”. The Government cut the Border Force, and they turned teachers, doctors and landlords into immigration officers. The hostile environment policy culminated in the Windrush crisis. Labour warned from the start that the hostile environment would lead to discrimination, and that is exactly what has happened.

In March, the High Court ruled that the right to rent scheme directly causes landlords to discriminate against prospective tenants on racial and nationality grounds, and furthermore that the Government have provided no evidence that it actually achieves their stated aim—to reduce illegal migration.

The high cost of our immigration system is part and parcel of the hostile environment. This morning, the British Medical Association called on the Government to scrap up-front charging for migrants using the NHS, as it causes discrimination and people are being denied urgent and essential care. When the coalition Government were bringing in the hostile environment, they co-ordinated a cross-departmental, focused and strategic approach to denying services to migrants, but since Windrush we have seen no such serious attempt to remedy this great injustice.

We were promised a compensation scheme “within two weeks” when the scandal broke, but it took the Government over a year to set it up. Only 13 people have received payments from the emergency hardship fund. Now we have the compensation scheme, it is extremely difficult to navigate. The form totals 18 pages; the burden of proof is high; and there is a severe lack of help and advice for a generation of people who are, in general, unused to using the internet.

It is a scandal that the scheme does not compensate those who have been wrongfully deported. The Government’s guidance says

“it is difficult to determine whether inability to return to the UK is a loss”.

What an absurd statement. Of course losing your home, being separated from family and being sent to an unfamiliar country is a loss.

Meanwhile, victims of Windrush are tragically passing away before they can get justice. Over the weekend, The Guardian reported that Richard Stewart had died without an apology or compensation. He was a prominent Windrush campaigner who moved to the UK as a British subject in 1955, but was told in 2012 that he would need to pay £1,200 to naturalise. He could not afford to pay that.

Many victims of Windrush were wrongly locked up in immigration detention. The UK’s immigration detention system is a stain on our national conscience. We are the only country in Europe that detains people indefinitely. We must have a 28-day time limit on immigration detention. Our amendment to the immigration Bill has strong, cross-party support and sends the message that this House demands an end to indefinite detention. Labour has called for the closure of the Yarl’s Wood and Brook House detention centres—two names synonymous with mistreatment and abuse. We will also review the entire detention estate and consider whether we need to close Dungavel detention centre in Scotland.

We now face a potential repeat of Windrush for EU citizens. Labour has voted against the Tory immigration Bill, which would end freedom of movement. It is foolish and reckless to change our immigration system in this way without first knowing what our future relationship with the EU will be.

[Mr Sweeney]

I welcome my hon. Friend’s announcement of the Labour party’s intention to close the Dungavel detention centre, which is a shameful stain on this nation’s conscience, as are all our detention centres—extrajudicial detention without recourse to proper justice.

Does my hon. Friend recognise the practice of the Home Office of moving people around different detention centres around the UK so that they are not able to access friends, family or any sort of legal representation? That is a shameful act, and it should be stopped immediately by the Home Office.

[Afzal Khan]

I thank my hon. Friend for his intervention and I agree with him.

In Labour’s first Opposition day debate after the 2016 referendum, we called on the Government to unilaterally guarantee the rights of EU nationals. If the Government had done this, we could have avoided the situation where, four months before we face a cliff edge, millions of EU citizens are still in limbo.

The SNP supported our amendment to the immigration Bill, which would make settled status a declaratory system, so EU citizens living in the UK would be automatically granted settled status, rather than having to apply for it. In rejecting a declaratory scheme, the Government often make the argument that the process in 1973 for the Windrush generation was declaratory, so we should make people apply to avoid a repeat of Windrush. I believe that that argument shows the Government have learned the wrong lessons from Windrush.

The Government are saying that Windrush people were illegally detained and deported, because they did not have the proper papers to prove they were in the UK legally. With EU citizens, the Government have decided to create a situation where people will still be detained and deported, but that will be legal because they have not applied for settled status in time. Just as the Government are not fulfilling their obligations to EU citizens, they are not fulfilling their humanitarian obligations to refugees.

The Prime Minister has consistently failed the most vulnerable child refugees. Even when forced to resettle children under the Dubs amendment, the Government closed the scheme after just 480 children had been resettled, rather than the 3,000 originally envisioned. Despite repeated calls from non-governmental organisations and MPs and a vote on the Floor of the House, the Government have failed to expand refugee family reunion. These rules have been under review for over a year. They do not require legislation to be enacted, and they would make an immeasurable difference to the lives of refugees in the UK. As we move beyond the failures of the past, we must start building an idea of what new immigration policy will meet the needs of our economy and build prosperity.

In December, the Government published a White Paper on immigration. Their own economic analysis predicts that the proposals would cost between £2 billion and £4 billion over the first five years. The proposed £30,000 salary threshold, in particular, would severely limit access to labour that many sectors in our economy desperately need. The health and social care sector is dealing with serious workforce shortages, while demand is increasing. Across the UK, four in five European economic area employees working full-time in social care would have been ineligible to work in the UK under the proposed system. In Scotland, less than 10% of those in caring personal service occupations earn above £25,000, and none earns £30,000.

Labour and the SNP agree on our diagnosis of a broken immigration system. However, we do not agree entirely on the cure. The SNP has argued for a devolved immigration system, where Scotland is given the power to determine its own immigration rules. We believe this approach would be unenforceable, because there would be no way to distinguish between those who have a visa under the Scottish system and those who have a visa for the rest of the UK. We would either need visa checks along Hadrian’s Wall or we would have to rely on the hostile environment. Neither option is acceptable. Under a Labour Government, a devolved immigration system would be unnecessary. Our immigration system will be flexible and based on the needs of our economy, including Scotland’s, not on bogus migration targets.

In conclusion, the Prime Minister’s legacy will be a cruel and hostile immigration policy, which has harmed our economy and caused the Windrush crisis. Whoever is our next Prime Minister, they must commit to ending the hostile environment and introduce a 28-day time limit on immigration detention.

[Joanna Cherry]

I cannot let the hon. Gentleman move on from his statement about the impossibility of enforcing a differential immigration system within the United Kingdom without asking him what steps the Labour party has taken to look at other systems, such as the system within the Canadian federation, which operates perfectly satisfactorily without border checks, and I remind him that Hadrian’s Wall does not actually run along the border.

[Afzal Khan]

I have already said that our immigration system will be flexible and based on the needs of our economy, including Scotland’s.

Whoever is Prime Minister must make settled status a declaratory system, scrap the £30,000 salary threshold and uphold our humanitarian obligations to refugees. This country has a great amount to offer and to gain from migration, and that should be celebrated.

[Several hon. Members rose—]

Refugee Family Reunion

Afzal Khan Excerpts

Thursday 20th June 2019 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

I congratulate the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) on securing this debate on World Refugee Day and on his excellent speech, and I thank all those who have contributed to this excellent debate. On this special day I thank and acknowledge the many charities that work with refugees, including Amnesty International, Oxfam, the Refugee Council, the Red Cross and the many other groups, including in my city, that have worked for decades to help refugees. The hon. Gentleman has been a consistent campaigner for refugee family reunion. I was extremely happy to speak on Second Reading of his private Member’s Bill, and in his debate during Refugee Week last year. The Government’s paralysis makes this feel like groundhog day.

I know from personal experience how frustrating it is when the Government stall a Bill’s progress. I am at my wits’ end about the Parliamentary Constituencies (Amendment) Bill, which has been in purgatory even longer than the hon. Gentleman’s Bill. Its Second Reading was in December 2017, and we still have no money resolution. The Committee has now met 31 times without discussing a single line of the Bill, which must be a record. The Immigration and Social Security Co-ordination (EU Withdrawal) Bill is another route to addressing this issue, but it has also got lost somewhere in Committee. The Government are at the end of their feeble life and are running scared of the House, even on issues as important and urgent as refugee family reunion.

The key to any successful refugee story is integration. People who flee violence come to rebuild their lives in the UK, but how can we expect anybody to recover from the trauma of conflict, and put the pieces of their lives back together, without the support of their family? Children who have had to flee their homes are currently barred from bringing close family members to join them in the UK. As the debate on refugee family reunion goes round and round, the Government continue to rely on discredited claims about “pull factors”. They argue that allowing children to sponsor family members will encourage more children to make the dangerous journey to the UK, but the evidence does not support that position. In fact, providing safe, legal routes to family reunion prevents dangerous journeys, and only when people feel that they have run out of options do they take the enormous risk of making their own way to the UK.

As long as there exist the “push factors” of war, conflict and violence, children will be forced to leave their homes and become separated from their families. It is our humanitarian duty to ensure that any child who makes it to our shores has the best shot at making a better life for themselves, which must include being surrounded by their family.

The Labour party believes in the right to a family life. At the moment, the definition of “family” under the refugee reunion rules is too narrow. It includes only a pre-flight spouse or partner and dependent children under the age of 18. As someone with adult children who are no longer dependent on me, I object strongly to the insinuation that they are no longer close family. In war and conflict, family relationships can become even more complicated. For example, younger children are often under the care of older siblings. Under a Labour Government, if you are a child who is granted the right to be here, so will your parents or carers be. If you have been brought up by carers or parents with a right to be here, so will you, even after you turn 18. In the refugee context, it is essential that close family do not lose out because they are not included in the arbitrary rules set down by the Government.

I was very happy to hear Members’ emphasis on the importance of legal aid in refugee family reunion cases. We recently had a major victory of unaccompanied and separated children coming back into the scope of legal aid. The fact that they were ever excluded is a testament to how far the Government went with their swingeing cuts to legal aid and the punitive hostile environment. I congratulate the Children’s Society on its significant victory.

During the passage of the Immigration Social Security Co-ordination (EU Withdrawal) Bill, Labour has called for legal aid to be reinstated for early legal advice for all immigration matters. The Home Office often claims that legal aid is not necessary to complete an immigration application, but that is simply not the case, especially for children, those who do not speak the language, or people who are otherwise very vulnerable. Recent figures show that over half of all immigration appeals are now successful. That is shockingly high and shows how important court cases are in holding the Government to account on immigration. Justice is meaningless if people do not have the means to claim it, and legal aid is a fundamental part of enabling people to access justice. We know that early access to legal aid helps to save money in the long run, as people are less likely to end up in needless court hearings and appeals.

In conclusion, the Minister has been saying for over a year that she will take a close look at family reunion rules, but we have yet to see any concrete progress. The Government do not even need legislation to get these changes passed. It is in the Home Secretary’s gift, under the immigration rules, to change the eligibility for family reunion and ensure refugees do not spend another birthday, Christmas or Eid separated from their relatives. I hope the Minister will commit to that today.

Crime and Antisocial Behaviour: Small Towns

Afzal Khan Excerpts

Wednesday 5th June 2019 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

I congratulate my hon. Friend the Member for Batley and Spen (Tracy Brabin) on securing this vital debate.

Since records began, violent crime has never been as high as it is today. Knife crime has never been as high—homicides involving knives increased by 22%—while arrests, the currency of deterrence, have halved in a decade. Unsolved crimes stand at an almost unthinkable 2 million cases. Each of those numbers represents victims, families and friends who have been scarred by violence, and together they represent a national crisis.

Two key things cause rising crime: cutting police numbers and slashing funding for youth services. What have this Government done? They have cut police numbers and slashed funding for youth services. To begin with the police cuts, it is important to remind the House that the Conservative party promised the public that its cuts would not hit the policing frontline. One week before the 2010 election, the previous Tory leader, David Cameron, said:

“Any cabinet minister…who comes to me and says ‘here are my plans’ and they involve front-line reductions, they’ll be sent straight back to their department”.

Five years later, the current Prime Minister claimed that the frontline service had been protected, but we now know that that was not true.

Police numbers are at their lowest for 30 years. We have lost 21,000 officers, more than 6,000 PCSOs and more than 15,000 police staff, including crime investigators. My own police force in Greater Manchester has lost 2,000 officers since 2010. No Government in post-war history—none—have cut police numbers in every year that they have been in office.

The public instinctively understand that cutting police numbers causes rising crime. After all, as the Home Secretary said recently, it is “not exactly rocket science”. Under-resourced police are forced to focus purely on reactive policing. Hotspot policing is known to reduce crime in areas where there has been a surge. Far from simply pushing it away into other areas, evidence suggests that the benefits are felt in areas outside where the hotspot policing is focused. It should therefore concern hon. Members that Chief Constable Thornton, the chair of the National Police Chiefs’ Council says:

“I am utterly convinced that intelligence-led policing with a focus on prolific offenders and hot-spot locations makes a real difference. But few officers and staff are able to do less policing.”

Local policing has been shown to increase the legitimacy of the police, which encourages the local community to provide intelligence and report crimes and suspicious behaviour.

Last year, as part of the national initiative to spend a day with the police, I spent a day with my old force, Greater Manchester police. The officers told me that they no longer had the resources to go into schools and talk to students about what the police do and how to stay safe—a vital part of building community links. There is no doubt that the Tories have cut frontline policing, which is driving rising crime.

The second driver of rising crime is cuts to youth services. Our social safety net has been steadily unpicked by this Government. The most vulnerable are struggling to get support, starting at the very first stage of life. Sure Start was a lifeline for many vulnerable families, but it has been cut back and the support it can provide has been reduced. Schools have been crushed under the weight of punitive funding pressure. Cost cutting has hit teaching assistants and special educational needs—just the kind of targeted support that is needed by young people who are falling behind.

Chronic underfunding of the NHS means that young people are routinely denied the mental health support we know can reduce aggression. For those who set out on the wrong path, the Government have ensured an almost total lack of provision for those involved in gangs. Even at this late stage, education, training, employment and health services can reduce violence, including homicides. The sad truth is that, despite the research showing that specialist services for vulnerable youngsters and families can fundamentally alter outcomes, there is not the political will to create a system that will support them. Those decisions taken together have precipitated the crisis we face today.

The Government have cut police numbers to a historic low and cut youth services at every stage of development, and they are now surprised by record crime levels. The most despicable criminals are exploiting the space where well-run and effective early intervention, prevention and diversion strategies once existed.

Overseas Students: English Language Tests

Afzal Khan Excerpts

Tuesday 30th April 2019 Commons Chamber

[Caroline Nokes]

My hon. Friend will be reassured to learn that 400 colleges that had sponsored students linked to ETS already had their licences revoked before the BBC “Panorama” programme. I am conscious that the student route was linked to widescale abuse, and my right hon. Friend the Prime Minister acted swiftly when she was Home Secretary to remove the licences of a number of bogus colleges. As I said, it is important that we work with the NAO, reflect on its findings and find a way to move forward and assist those who might have been wrongly affected.

[Afzal Khan (Manchester, Gorton) (Lab)]

The Government’s treatment of innocent students has been unacceptable. Driven by the hostile environment and the net migration target, about 34,000 students’ visas have been cancelled. Can the Minister tell us how many of those cases are ongoing? Are any of these students currently in immigration detention? What steps is she taking to identify and compensate students who were wrongfully removed?

The TOEIC visa scandal has been rumbling for years. The Government have lost case after case in the courts. My right hon. Friend the Member for East Ham (Stephen Timms) has been raising the issue in Parliament for over a year, and students have been protesting outside Parliament. The Home Secretary told Parliament a year ago that he would look carefully at the issue, but no concrete action has been taken. Does the Minister appreciate the urgency of this issue? Thousands of students are living in limbo, unable to work or study while they attempt to clear their names.

The Windrush scandal exposed a culture of disbelief in the Home Office, motivated by removal targets rather than careful consideration of cases. We were promised a culture change, yet the Home Office is again being investigated by the National Audit Office for its cruel and ineffective handling of immigration cases. Does the Minister accept that the years of suffering these students have endured is a result of the coalition Government’s decision to remove legal aid and appeal rights?

We need a swift resolution to all outstanding TOEIC visa cases. The students have asked to be allowed to re-sit the English language tests, and that is a sensible suggestion. The UK’s reputation as a welcoming place for international students is suffering tremendously. International students are vital to our universities. They enhance the experience of UK students and further our soft power abroad, not to mention subsidising the fees of home students, but reports over the weekend suggested that EU students will be required to pay international fees, which the Minister could not confirm or deny yesterday. We now have the TOEIC visa scandal. What will be next?

[Caroline Nokes]

The hon. Gentleman has chosen to focus on a very small number of students who may have had incorrect results. What we know, and what the evidence shows, is that our response back in 2014 was driven by systematic fraud that was perpetrated in colleges and has seen significant criminal convictions and sentences of 70 years. We are working with the NAO and through the courts. As I said, the Home Office has taken a pragmatic approach to the judicial reviews and appeals coming through the courts, recognising that many of these individuals have been in the country for a significant period. Of course, the ability to speak English in 2019 does not necessarily mean that an individual did not cheat in 2014 or could speak English to the required level then.

I would like to comment more on what we are doing for international students. The UK has a proud track record of attracting an increasing number of students to this country. I am sure that the hon. Gentleman will welcome the commitment in the White Paper to continue to have no cap on the number of foreign students coming here and to make a more generous offer for post-study work arrangements for students who choose to come here. It is important that we support our world-class institutions and celebrate the fact that we have five British universities in the top 20 universities globally, and that we saw over the course of the past year a 10% increase in the number of tier 4 visas being applied for.