Crime and Courts Bill [Lords]

George Mudie Excerpts

Monday 14th January 2013 Commons Chamber

[Mrs May]

I say to the right hon. Gentleman that in many cases the appeal process for family visit visas is being used just as a means to present fresh evidence into the appeals system in support of the application, and that is not the point of an appeals process. There is another point for individuals who go through the appeals process: if fresh evidence is available, they should make a fresh application. It takes less time for a fresh application to be considered than for an appeal to be considered. With a fresh application, people will on average be able to have a decision within 15 days, rather than eight months with the appeals process.

[Mr George Mudie (Leeds East) (Lab)]

In all fairness to the applicants, the Home Secretary should withdraw the word “abuse”. Is it not true that the independent commissioner for the UK Border Agency continues to show concern about applicants being turned down for not sending in documents that they were never told in the first instance were required? If she continues to say the applicants are abusing the system, then in all fairness she must say that UKBA entry clearance officers are abusing the system. Does she not agree that the system does not need to be abolished, but to be made to work more sensibly?

[Mrs May]

Let me say to all hon. and right hon. Gentlemen who have raised this issue that analysis of a sample of 363 allowed family visit visa appeal determinations in April 2011 showed that new evidence produced at appeal was the only reason for the tribunal’s decision in 63% of those cases. In only 8% of cases was new evidence not at least a factor in the allowed appeal. If people have new evidence, they can make a fresh application. It will be heard and considered, and a decision will be given to them in far less time than it takes to go to appeal. A system of appeal is about appealing against the original decision, not appealing against the original decision plus bringing forward extra evidence.

--- Later in debate ---

[Mr George Mudie (Leeds East) (Lab)]

I want to speak about the withdrawal of family reunion visas. The Government propose to do away with recourse to an independent judge, in place of which they say that a fresh application should be made to the same people who turned down the application in the first place—an additional paper might swing the case. I have 20 years of personal experience of visa work in my constituency. In 2000, the decision of the Labour Government was deeply and warmly welcomed by the ethnic communities, families who have come here but have mums and dads, grandparents and siblings in another country. We all speak about family values, but I think that all hon. Members will agree that they should be treasured. It is important that in the event of a wedding, a birth, an illness, a funeral, even just so that the old lass can see her daughter and grandchildren, family members should have the opportunity to visit.

I want briefly to describe some of my experiences. There is the elderly person, an old lass, from a village in Pakistan who wants to visit her daughter and granddaughter. The decision is that there is something in the papers—something that the old lass knows nothing about—that leads someone to believe that the motivation for coming is not the one set out. Case closed—refused. There is the person who has come here two or three times and every time has returned home within the visa period, but that is not taken into consideration. They are not trusted to go back. Cases are turned down because documents not asked for were not given. I had a recent case concerning a man who I thought was 80, but rather than mislead the House I will settle for the 70s. One of the reasons for his being turned down was that he did not give the entry clearance officer any details of his employment. The provision means that the applicant has to go back to that entry clearance officer for a decision rather than an independent judge.

It might be said that I am prejudiced about those cases, but I have three reports from the independent chief inspector of borders and immigration, John Vine. The second one says:

“While there were no decision quality issues revealed in 761 cases”

out of 1,500 cases

“I found there were errors affecting decision quality in 515 cases. In a further 201 cases the lack of evidence retained on file made it impossible for me to assess whether the correct decision had been made.”

The same report from 2011 said:

“The general quality of decision-making can and must be improved.”

In 2010 John Vine discovered that UK Border Agency managers were dismissive of determinations made by immigration judges to allow appeals. More importantly still, he found that because these cases were being dealt with in Abu Dhabi, where all the Pakistani cases go for a decision, people from the Gulf were being treated in a better fashion than people from Pakistan. It took John Vine’s intervention to address that. He is saying, as the professional commissionaire, that there is a lot wrong.

My personal experience—I think this goes for any inner-city Member with a large ethnic community—is that the situation is dreadful. The Minister will say, “No, we’re not asking you just to pay the fee again and send it back—we’re suggesting that you read the decision, see what basis you have been turned down on, and send those papers.” I have got news for the Minister: if someone brings me a decision letter and asks for my help, I go through it closely to see what the entry clearance officer is asking for or is turning a person down for, and then write a considered letter, get the evidence and send it for a review, as every Member of this House can. I can count on one hand the number of times when the entry clearance officer changes the decision; despite the fresh evidence, the decision is upheld. The Minister is going to tell our communities, “Don’t go to an independent judge.” Why do people want to go to an independent judge? It is not because 38% of cases are accepted, but because they will have someone who will listen, ask questions, ask for documents, and take a decision based on all those points.

I plead with the Minister to reconsider the heartbreaking decision to withdraw this right of appeal and to keep it, because it is desperately needed.