Immigration Bill

Baroness Laing of Elderslie Excerpts

Tuesday 1st December 2015 Commons Chamber

[James Brokenshire]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Government new clause 4—Duty to provide information for the purposes of transfers of responsibility.

Government new clause 5—Request for transfer of responsibility for relevant children.

Government new clause 6—Scheme for transfer of responsibility for relevant children.

Government new clause 7—Extension to Wales, Scotland and Northern Ireland.

New clause 1—Extended criteria for refugees joining refugee sponsors—

‘(1) Rules made by the Secretary of State under section 3 of the Immigration Act 1971, shall make provision for persons outside the United Kingdom to apply for family reunion with persons recognised as refugees in the United Kingdom, or granted humanitarian protection in the United Kingdom on or after 30 August 2005, who are their children, grandchildren, parents, grandparents, spouses, civil or unmarried partners or siblings.

(2) Rules made under subsection (1) may—

(a) make provision for dependants of the persons therein mentioned;

(b) make provision for a person who the Secretary of State is satisfied was a dependant of the refugee or person granted humanitarian protection or a member of their household at the time the refugee or person granted humanitarian protection left the country of his habitual residence;

(c) restrict provision for siblings applying to join family in the UK to those who have not formed their own independent family unit outside of the UK.

(3) Family members seeking leave to enter or remain in the United Kingdom must—

(a) be applicants who would not be excluded from protection by virtue of article 1F of the United Nations Convention and Protocol relating to the Status of Refugees if he were to seek asylum in his own right;

(b) be applicants who would not be excluded from humanitarian protection for any reason in the immigration rules in the United Kingdom.’

This new clause would allow those separated from their family, and who have refugee or humanitarian protection status in the UK, to sponsor family members beyond spouses or under-18 children to join them. It would also remedy an anomaly that prevents children with refugee status in the UK from sponsoring their parents to join them.

New clause 11—Review of rules relating to refugee family reunion—

‘(1) The Secretary of State must undertake a review of the current rules on refugees or those granted humanitarian protection reuniting with close family members in the UK.

(2) The review under subsection (1) must consider—

(a) the failure to implement Dublin Convention III, which allows for spouses or children under 18 with refugee status or those granted humanitarian protection to be reunited with family members in the UK;

(b) options for allowing British citizens to sponsor close family members recognised as refugees or granted humanitarian protection; and

(c) options for extending the criteria for family reunion to include children, grandchildren, parents, grandparents, spouses, civil or unmarried partners or siblings who have refugee status or have been granted humanitarian protection and have close family members in the UK.

(3) This review under subsection (1) must be completed and a copy must be laid before Parliament within six months of this Act receiving Royal Assent.’

Amendment 29, page 40, line 14, leave out clause 37.

Government amendments 5 and 6.

Amendment 31, in schedule 8, page 109, line 29, leave out from “(6)” to end of line 30 and insert—

(none) “, for “section 4 or 95” substitute “section 95”;

(iii) in subsection (7) for “section 4 or 95” substitute “section 95 or 95A”.”

See explanatory statement for amendment 30.

Amendment 40, page 112, line, leave out sub-paragraph (5).

This amendment ensures that families with children under 18 receive section 95 support until they leave the country.

Amendment 30, page 113, line 13, at end insert—

‘(2A) If the Secretary of State decides not to provide support to a person or not to continue to provide support to them, under this section , the person may appeal to the First Tier Tribunal.’

To reinstate a right of appeal against Home Office decisions to provide support (under Section 95 or new 95A).

Amendment 2, page 119, line 21, at end insert—

‘(43A) The Immigration Act 1971 is amended as follows.

(43B) After section 3(9) (general provisions for regulation and control) insert—

“(10) In making rules under subsection (2), the Secretary of State must have regard to the following.

(11) Rules must provide for persons seeking asylum, within the meaning of the rules, to apply to the Secretary of State for permission to take up employment (including self-employment and voluntary work) and that permission must be granted if—

(a) a decision has not been taken on the applicant’s asylum application within six months of the date on which it was recorded, or

(b) an individual makes further submissions which raise asylum grounds and a decision on that fresh claim or to refuse to treat such further submissions as a fresh claim has not been taken within six months of the date on which they were recorded.

(12) Permission for a person seeking asylum to take up employment shall be on terms no less favourable than those upon which permission is granted to a person recognised as a refugee to take up employment.”’

Amendment 42, in schedule 9, page 121, line 26, leave out paragraph 2.

This amendment removes those provisions added by Schedule 9 that would prevent local authorities providing leaving care support under the Children Act 1989 to young people who are not asylum seekers and do not have leave to remain when they reach the age of 18 years.

Government amendment 7.

Amendment 43, page 122, leave out lines 16 to 34.

This amendment removes those provisions added by Schedule 9 to the Immigration Bill that would prevent local authorities providing leaving care support under the Children Act 1989 to young people who are not asylum seekers and do not have leave to remain when they reach the age of 18 years.

Amendment 44, page 122, line 46, at end insert

‘and,

(c) he entered the UK as an adult.’

This amendment enables local authorities to provide leaving care support under the Children Act 1989 to young people who do not have leave to remain and are not asylum seekers.

Government amendments 8 to 12.

Amendment 45, page 124, leave out from line 11 to line 13 on page 125 and insert—

‘10B The Secretary of State shall provide adequate funding to local authorities to enable them to meet their duties under the Children Act 1989 to persons who do not have leave to enter or remain and are not asylum seekers.’

This amendment provides for the Secretary of State to make funding available to local authorities, as the specialist agency responsible for care leavers, to meet the duties set out in the Children Act 1989 in relation to young people who do not have leave to remain and are not asylum seekers.

Government amendments 13 to17.

New clause 2—Automatic deportation under the UK Borders Act 2007—

‘(1) Section 32 of the UK Borders Act 2007 is amended as follows.

(2) In subsection (2) substitute “12” for “6”.’

This new clause would require that non-British citizens who commit offences and are sentenced to 6 months in prison are deported automatically.

New clause 10—Offence of presence in the United Kingdom without legal authority—

‘(1) Any person who is present in the United Kingdom after 1 June 2016 without legal authority shall be guilty of an offence.

(2) Any person who after 1 June 2016 enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a) to imprisonment for a term not exceeding six months;

(b) to a fine which in Scotland or Northern Ireland may not exceed £5,000, or to both.

(4) Any person who is convicted of an offence under subsection (1) shall be subject to a deportation order unless the Secretary of State deems such a deportation order to be against public interest.

(5) For the purposes of subsection (2) above, a deportation order shall be deemed to be in the public interest unless a certificate to the contrary has been submitted by the Secretary of State to the court.’

This new clause makes provision for criminal sanctions including deportation orders against those who have entered the United Kingdom illegally or who remain in the United Kingdom without legal authority. It adds to the existing offences under Section 24 of the Immigration Act 1971.

New clause 12—Right of residence: registration certificates—

‘(1) Section 7 of the Immigration Act 1988 is repealed.

(2) Notwithstanding the provisions of the European Communities Act 1972, or any other enactment, any non-UK citizen resident in the United Kingdom without authority to remain in the United Kingdom provided by a valid visa, visa waiver, residence permit or other official permission must apply for a registration certificate to confirm their right of residence in the United Kingdom.

(3) The Secretary of State shall by regulations prescribe the content of application forms for registration certificates and for the grounds on which an application made may be granted or refused and arrangements for appeals and final adjudications.

(4) The Secretary of State shall establish the registration certificate scheme, comprising the matters mentioned in subsection (3) and such other matters as he thinks necessary and expedient, by 30 November 2016.

(5) Any person present in the United Kingdom after 31st December 2016 without legal authority or without having applied on or before 31st December 2016 for a registration certificate under subsection (2) above shall be guilty of an offence.

(6) Any person who, after 31st December 2016, enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.

(7) A person guilty of an offence under subsections (5) or (6) is liable on summary conviction—

(a) to imprisonment for a term not exceeding six months; or

(b) to a fine which in Scotland or Northern Ireland may not exceed £5,000; or

(c) to both.

(8) Any person who is convicted of an offence under subsections (5) or (6) shall be subject to a deportation order unless the Secretary of State deems such a deportation order to be against the public interest.

(9) For the purposes of subsection (8) above, a deportation order shall be deemed to be in the public interest unless a certificate to the contrary has been submitted by the Secretary of State to the Court.

(10) Any power to make regulations under this section is exercisable by statutory instrument.

(11) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’

New clause 14—Minimum income requirement for partner visas—

‘(1) The Secretary of State shall within six months after this Act receives Royal Assent amend the Immigration Rules regarding a person applying for entry clearance to, leave to remain in or indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person who is—

(a) a British citizen; or,

(b) present and settled in the UK; or

(c) in the UK with refugee leave or humanitarian protection

to make provision as set out in this section.

(2) The minimum annual income requirement—

(a) for the sponsor of the partner shall be the equivalent of one year’s full-time salary (net of tax and national insurance contributions, and allowing for four week’s holiday) at the rate of the National Minimum Wage as it applies to that individual;

(b) for the first child in addition to the partner the additional sum of £2,500;

(c) for each further child the additional sum of £2000.

(3) The minimum annual income requirement as specified in subsection (b) may include financial support from third parties.

(4) In this section “full-time” will mean 35 hours a week.’

New clause 15—Adult dependant relative visas—

‘(1) The Secretary of State shall within six months after this Act receives Royal Assent amend the Immigration Rules regarding Entry Clearance in respect of an adult dependant relative of a person who is—

(a) a British Citizen; or,

(b) a person settled in the UK; or

(c) in the UK with refugee leave or humanitarian protection

to make provision as set out in this section.

(2) The Immigration Rules for persons specified in subsection (a) must not require as condition for entry that in the country where they are living—

(a) the required level of care is not available;

(b) there is no person in that country who can reasonably provide the required level of care;

(c) the required level of care is not affordable.

(3) The applicant shall be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds for five years.’

Amendment 39, in clause 20, page 25, line 18, at end insert—

‘(2A) In paragraph 2(2) after “examine” insert “at the point of entry into the United Kingdom.’

This amendment would end the practice of conducting speculative, in-country spot-checks and restrict the power to the point of entry into the UK.

Amendment 36, in clause 25, page 32, leave out lines 20 to 23.

This amendment removes proposed extension of powers of relevant officers—custody officers, prison officers or prisoner custody officers—to conduct strip searches of detainees for documents which “might” establish a person’s nationality or indicate “the place from which the person travelled to the UK or to which a person is proposing to go”.

Government amendments 3 and 4.

Amendment 27, page 39, line 6, leave out clause 34.

Amendment 28, in clause 34, page 39, line 19, at end insert—

‘(5A) After subsection (3) insert new subsection—

“(3A) Before a decision is taken to certify a human rights claim the Secretary of State must obtain a multi-agency best interests assessment in relation to any child whose human rights may be breached by the decision to certify.”’

To make sure that before a decision is made to certify any claim for out of country appeal, the best interests of any child affected by this decision must be considered.

Amendment 34, in clause 58, page 50, line 11, at end insert—

‘(3A) Part 7 shall not come into force in Scotland without the consent of the Scottish Parliament.’

To prevent language requirements on public sector workers applying in Scotland without the consent of the Scottish Parliament.

Amendment 1, in clause 59, page 50, line 18, leave out subsection (2).

Amendment 37, in schedule 7, page 97, line 9, at end insert—

‘( ) The following provisions apply if a person is detained under any provisions set out in paragraph (current paragraph 1(1))—

(a) the Secretary of State must arrange a reference to the First-tier Tribunal for it to determine whether the detained person should be released on bail;

(b) the Secretary of State must secure that a first reference to the First-tier Tribunal is made no later than the eighth day following that on which the detained person was detained;

(c) if the detained person remains in detention, the Secretary of State must secure that a second reference to the First-tier Tribunal or Commission is made no later than the thirty-sixth day following that on which the detained person was detained and every twenty-eighth day thereafter;

(d) the First-tier Tribunal hearing a case referred to it under this section must proceed as if the detained person had made an application to it for bail; and

(e) the First-tier Tribunal must determine the matter—

(i) on a first reference, before the tenth day following that on which the person concerned was detained; and

(ii) on a second and subsequent reference, before the thirty-eighth day following that on which he was detained.

( ) For the purposes of this paragraph, “First-tier Tribunal” means—

(a) if the detained person has brought an appeal under the Immigration Acts, the chamber of the First-tier Tribunal dealing with his appeal; and

(b) in any other case, such chamber of the First-tier Tribunal as the Secretary of State considers appropriate.

( ) In the case of a detained person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 applies (jurisdiction in relation to bail for persons detained on grounds of national security) a reference under sub-paragraph (3)(a) above, shall be to the Commission and not to the First-tier Tribunal.

( ) Rules made by the Lord Chancellor under section 5 of the Special Immigration Appeals Commission Act 1997 may include provision made for the purposes of this paragraph.’

This amendment makes provision for automatic judicial oversight of detention after eight days, then after a further 28 days, and every 28 days for so long as detention lasts.

Amendment 38, page 102, line 9, leave out sub-paragraphs (1) to (3) and insert—

‘(1) The Secretary of State must provide, or arrange for the provision of, facilities for the accommodation of persons released on immigration bail.’

This amendment makes provision for an impecunious detainee to be furnished with an address to facilitate their applying for bail, without which they are unlikely to be granted bail.

[James Brokenshire]

In this part of the debate we turn to amendments and new clauses concerning the asylum system and the arrangements made for the support of failed asylum seekers who the courts have agreed do not need our protection.

The crisis in Syria and events in the middle east, north Africa and beyond have seen an unprecedented number of migrants and asylum seekers arriving in Europe. Some have gone on to reach the UK via northern France, including many unaccompanied asylum-seeking children. There are now nearly 1,000 unaccompanied asylum-seeking children in Kent County Council’s care, 300 of whom have had to be placed in other local authority areas. I would like to put on record my thanks to all those in Kent—all the officers and others—for the way in which they have responded to this challenge, but in our judgment a national response is required.

Additional funding has been made available to local authorities who take on responsibility for unaccompanied asylum-seeking children from Kent. We hope that the dispersal arrangements that have been put in place will remain voluntary. However, we have tabled new clauses 3 to 7 and Government amendments 5 and 6 to underpin the voluntary dispersal arrangement and, if necessary, enforce them, although we see this as a reserve backstop power. The amendments introduce a new power to facilitate the transfer of unaccompanied asylum-seeking children from one local authority to another; enable the Secretary of State to direct local authorities to provide information about their support to children in their care—this will inform new transfer arrangements; enable the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child to provide written reasons; enable the Secretary of State to require local authorities to co-operate in respect of transfers; and enable the provisions to be extended across the UK by regulations, subject to the affirmative procedure and informed by further dialogue with the devolved Administrations.