Immigration and Asylum Bill (Sixth sitting) Debate
Full Debate: Read Full DebateMelanie Onn
Main Page: Melanie Onn (Labour - Great Grimsby and Cleethorpes)Department Debates - View all Melanie Onn's debates with the Home Office
(1 day, 10 hours ago)
Public Bill CommitteesThe hon. Lady says that this is not a way to reform the system. Does she have any ideas about the kinds of reform that she would be ready to accept?
Siân Berry
I have said that, based on my own casework, my experience of the Home Office’s errors, and the cases that I have seen, I would like to see investment in Home Office decision making to make it better in the first place. That would be the best way to deal with this issue, particularly when more than half of appeals are being approved.
I thank the hon. Lady for giving way once again. Given the number of amendments she has tabled—the point being that she will not support any element of change whatsoever—I gently and respectfully suggest that she is actually very happy with the system as it is, she is happy to accept all the evidence from a huge industry that exists to support immigrants, migrants, refugees and asylum seekers, and she does not want any reform whatsoever other than throwing the system open even further.
Siân Berry
It is pretty clear that I think the Bill is a result of the Government responding to toxic rhetoric coming from other parties, and that it is an attempt to be seen to be doing something.
My hon. Friend is absolutely right. That is why we have seen the extreme examples of people clearly thwarting the system to try to remain.
The clause makes clear that family life will normally concern the core cohabiting family unit while retaining provision for cases involving genuine parental relationships or additional elements of dependency. This will narrow the circumstances in which a tenuous relationship with a child, or an extended family relationship involving no more than nominal ties, can be used as the basis of a claim. It will support more consistent decision making while retaining the flexibility required. This is key to restoring order and control to the immigration system, ensuring that if someone does not meet the requirements of our rules, they will not have the right to reside here.
Clause 18 makes clear that family life is normally limited to the core cohabiting family unit while preserving flexibility for cases where family life may exist outside of that, aligned with Strasbourg case law. It also clarifies that biological parenthood alone is not enough to constitute family life; there must be evidence of a genuine and subsisting parental relationship. For adult relatives outside the core family unit, financial support, illness, emotional support or concern about conditions overseas will not by themselves establish family life; the relationship must involve true elements of dependency.
Would it be the case that someone who had hitherto been an absent father would not meet the criteria in the Bill?
My hon. Friend is absolutely right. That is exactly what we are seeking to do. We have had evidence of people moving back in with families and dependants purely on the basis of trying to put forward this claim.