Immigration: Hostile Environment

Lord Taverne Excerpts

Thursday 14th June 2018 Lords Chamber

[Lord Taverne (LD)]

My Lords, first, I congratulate the noble Lord, Lord Bassam, on introducing this debate, enabling us to consider this matter.

On the face of it, what the Home Secretary has announced seems good news, but there are some serious questions. Will the Government end the refusal of applications under tier 1 only, or does it also apply to those who are refused independent leave to remain under tier 2? In particular, does it deal with a typical case which I have raised in two emails with the Minister asking for information?

A Mr Owais Raja is a highly skilled migrant, a UK-trained engineer who until recently trained Ministry of Defence engineers at City College Plymouth. The college asked him to write the training programme himself and promote it every year he worked for them. He applied under tier 1 but was refused indefinite leave to remain. He is now destitute and faces imminent deportation. He lost the right to work or to rent somewhere to live and, subject to what the new policy change means, neither he nor his family is allowed to use the NHS. This means that his six-year-old son Ayaan, who has a hole in his heart, can no longer receive potentially life-saving treatment. Nor can Mr Raja afford to buy blood-thinning tablets for his wife, who has a pulmonary embolism which is at constant risk of travelling to her heart or brain, causing a heart attack or stroke. She, of course, cannot visit her GP.

What was his crime leading to the refusal of his application for indefinite leave to remain? Raja’s accountant made a mistake in filing his 2012-13 tax return. Raja had no knowledge of the error: he found out only in 2016 when applying for renewal of his indefinite leave to remain, and immediately paid the £1,200 he owed. It is worth mentioning that he had paid about £60,000 tax over the previous eight years. The Inland Revenue accepted that his was an honest mistake, imposed no fine and charged no interest—which it does when it judges that there has been dishonesty.

The Home Office, however, said that the discrepancy was evidence that Mr Raja had deliberately provided false information, informed him that he was a threat to national security and triggered its discretionary powers under paragraph 322(5) of the Immigration Rules. This is a section designed to deal with serious criminals and terrorists. It meant that Mr Raja cannot work in Britain or travel to any country other than his country of birth, as no other country will risk letting him in now that he has been labelled a threat to national security. It also deprived his family of access to the NHS.

The family’s position is desperate. When his son recently had chest pain, Mr Raja could not afford to visit the consultant and pay fees of £80 an hour or send him to hospital and pay £100 a day. He cannot pay for food or rent. He has no connections or relatives in Pakistan any more and his children speak only English. He is now destitute. So far, he has survived by liquidating his savings, selling his car, his wife’s jewellery and wedding dress and his precious engineering books, and by living off discarded food from Tesco that has passed its sell-by date.

He has had help from his friends. His former students were so upset by his plight that they send him odd gifts of £10 and £20. I have seen the most moving letters from students who say he was an inspirational teacher, and from his employer, praising his work and integrity. He, and his family, face a future of having to beg and sleep on the streets, or deportation.

Since I wrote a letter about Raja in the Guardian, I have had many emails showing that his plight is not exceptional. I gather from an organisation, the Highly Skilled Migrants Group, that there are at least 1,000 similar cases where people’s lives have been ruined. These highly skilled migrants such as Raja are teachers, doctors, lawyers, engineers and professionals on the Government’s list of occupations in which Britain is short, and who have often lived here for a decade or more and have British-born children. Their only error is one that half a million British taxpayers make every year. Native taxpayers amend their tax returns without facing any penalty—not even a fine—but the Home Office treats migrants who do as terrorists.

This treatment is a national scandal every bit as outrageous as the treatment of the Windrush immigrants. A monstrous injustice is being perpetrated by our Government in our name. If it is not remedied, the Home Office will not only be breaking every canon of a civilised society, but ignoring one of the most basic tenets of the rule of law—the golden rule that someone is assumed innocent until proved guilty.

How did this happen? The history is important because we must know how far the policy change means a break with the past. Originally errors in tax returns were dealt with under paragraph 322(1) of the Immigration Rules—a draconian provision specially designed for that offence—with a penalty of refusal of ILR and deportation. Under that sub-paragraph (1), at least it was the Home Office which had to prove dishonesty, but because of that, it kept losing in the courts. So in its determination to increase the number of deportations and intensify the hostile climate for immigrants, the Home Office switched to using another rule—sub-paragraph (5). This was originally intended not for tax errors but for really serious crimes, such as murder, terrorism and conduct that constitutes a threat to national security.

That switch was a switch for an improper purpose. Furthermore—this is almost unbelievable—under that sub-paragraph, which deprives immigrants of the right to work, rent property or access to the NHS, I understand that the burden of proof lies on the migrants to prove their innocence, not on the Home Office to prove guilt—and not just innocence but that the Home Office’s decision was “perverse” or “irrational”. To top it all, they cannot get legal aid. What could be a greater betrayal of our traditional respect for justice and the rule of law? However, the switch proved a success. Not surprisingly, by use of this sub-paragraph, the Home Office could boast that the number of deportations has dramatically increased.

The Secretary of State has now announced a change in policy, which gave us hope. He said that applications to refuse ILR would be put on hold. But refusals of ILRs and deportations continue. Amelia Hill cited further examples in Tuesday’s Guardian. The Home Office explained that these cases had already been scrutinised by the review and that the use of paragraph 322(5) had been judged to be appropriate—an ominous explanation. Now the question arises: will those new rules apply only to tier 2 immigrants? Will they quash all applications under paragraph 322(5) and open them up for fresh consideration? If the answer is that only those who are now making applications under tier 2 are affected, the scandal that I have announced continues; it is not remedied. If, on the other hand, it is remedied, and the use of paragraph 322(5) is discontinued—and, indeed sub-paragraph (1) should also be discontinued—I would say three cheers for those who have made what is often a difficult decision in politics in admitting the Government’s grave errors.

--- Later in debate ---

[Baroness Williams of Trafford]

Given that the noble Lord worked through the housing Bill with me, I hope that he would agree that the noble Lord, Lord Best, is a very experienced member of your Lordships house in the area of housing. Having the Immigration Minister co-chairing, as he asked, will lend great credence to the panel. I am sure he would agree that the bodies I mentioned are the type that we would want represented on the panel to ensure its housing expertise. I pay tribute to the groups that he mentioned, but they are not necessarily in and of themselves housing experts, although they have expertise in the area of immigration and slavery.

I must now turn to the Windrush generation, because I want to spend some time on that. I again pay tribute to the noble Lord, Lord Morris of Handsworth, and all those from the Windrush generation who came here quite legally to help to rebuild this country after the war. The Government, the Home Secretary and the Prime Minister have all said that the Government deeply regret what has happened and have made it a key priority to resolve the problems that have arisen and to ensure that it does not happen again. I also join the noble Lord, Lord Kennedy, in paying tribute to his friend and all that he achieved in his life.

The Home Secretary has commissioned an independent lessons learned review, which will look at how members of the Windrush generation came to be entangled in measures designed for illegal immigrants, why it was not spotted sooner—this has been going on for decades; it is not a new thing—and why the right corrective measures will now be put in place. The review will take into account the experiences of those involved and wider reflections on Home Office culture as a whole. We have established the Windrush Scheme task force, which is working with members of the Windrush generation to resolve their status and ensure that they obtain the documents they need to evidence it.

My right honourable friend the Home Secretary also issued a call for evidence to inform consultation on a compensation scheme for members of the Windrush generation who have been wrongfully impacted by immigration measures. That call for evidence closed last Friday and we are currently analysing the responses. Simultaneously, we have strengthened the checking services provided to employers, landlords and public service providers to ensure that we are not denying work, housing, benefits or services to those who are here lawfully. We will be providing regular updates to the Home Affairs Committee on the progress of that work. Our focus now is on putting right what was so wrong in the past.

The noble Lord, Lord Bassam, asked me for an update on Windrush figures. As of 10 June, the task force has received 20,145 calls. It has referred 5,750 for call-backs and completed 5,740 call-backs and issued 1,651 documents.

We owe it to the public to ensure that we maintain effective controls on immigration and have measures in place to protect taxpayer-funded services. The compliant environment forms an important part of those measures.

The noble Lords, Lord Bassam and Lord Taverne, asked about tier 2 visas and for an update on NHS workers and doctors. As they will know, because it has been widely reported in the media this morning, the Home Secretary is currently reviewing that and he will make an announcement on it very shortly. I will be able to say more after the announcement, so I hope that the noble Lords will bear with me.

The noble Lord, Lord Taverne, talked about a specific case. He will understand that I will not discuss it on the Floor of the House, but I will write to him about it. He also talked about HMRC and people being refused resettlement on the basis of their tax returns. This is not about people making minor tax errors. We are now able to check what applicants told us in the past about their self-employment and compare it to what they have told HMRC for the same period. There is a clear pattern of abuse where, more often than not, the self-employed earnings used to claim points in the tier 1 application have been £10,000 higher than the self-employed earnings reported to HMRC. Where employment circumstances do not add up and applicants claim to have been working in a full-time low-paid manual job while simultaneously earning very high amounts from self-employed work for which the evidence is weak, we must consider paragraph 322(5), to which the noble Lord referred, and refuse the application where the evidence shows that the individual has not played by the rules and their character and conduct is such that they should not be granted settlement in the UK.

Before the noble Lord intervenes on me, I will make just one more point, because he then may not need to intervene. I will write to him on the case he raised separately and in no way am I saying that what I am outlining is anything to do with that case.

[Lord Taverne]

Will the Minister deal with the point that paragraph 322(5), which is concerned with terrorists, is used in connection with mis-statements in tax returns?

[Baroness Williams of Trafford]

I will write the noble Lord on that when I write him on the specific case, if that is okay by him, because I am rapidly running out of time and I want to get through points that other noble Lords made.

The noble Lord, Lord Morris, talked about reduced numbers of staff. The work of the immigration system is vast, as noble Lords will appreciate. Every year, we make more than 3 million decisions on visas and have 250 million people crossing our borders. We are not complacent about this. The immigration system is constantly and continually improving, such as with ePassport gates.

The noble Baroness, Lady O’Neill, made a very important point about identity assurance. I particularly draw to noble Lords’ attention, as she did, the issue of EU citizens when we leave the EU. That is why we have put in place measures to ensure a very clear process, so that what happened with Windrush will not in future years happen to EU citizens. So all EU citizens who are here lawfully when the UK exits the EU will have the opportunity to regularise their status to remain in the country by applying for settled status. On identity assurance, we have operated a new scheme for settled status from scratch. So the application system will be simplified, user-friendly, and it will draw on existing government data to minimise the burden on applicants.