Read Bill Ministerial Extracts
Immigration and Asylum Bill (Third sitting) Debate
Full Debate: Read Full DebateZubir Ahmed
Main Page: Zubir Ahmed (Labour - Glasgow South West)Department Debates - View all Zubir Ahmed's debates with the Home Office
(1 week ago)
Public Bill Committees
Siân Berry
I disagree. I think that the Government are focusing on the wrong part of the system here. As MPs, we are all aware of the processes involved in the initial decision making of the Home Office. The number of similar messes that my caseworkers have had to try to clear up—we often succeed—is absolutely huge, so not to focus on getting that initial decision making right the first time, and instead for the Bill simply to take away people’s rights of appeal, is absolutely the wrong approach.
With all such problems, the people who need asylum also need real knowledge of their rights and real access to people who can support their claims, but all that is really hard to get. Late claims and appeals with new information, when people finally get the right support and legal guidance about the grounds on which they should be making their claim, are all necessary to protect asylum rights. Therefore, judicial processes should not be downgraded and truncated, and people who are not legally qualified should not be hearing those cases.
Dr Zubir Ahmed (Glasgow South West) (Lab)
I share a lot of the hon. Lady’s concerns about the initial quality of assessment. I have one of the highest burdens of asylum seekers in my constituency in Scotland. Will she concede that the emphasis that the current Home Secretary has put on upgrading the quality of the assessment of those initial appeals since she has been in post is starting to work? I certainly feel that in my casework. Moreover, on the number of people who appeal to the first-tier tribunal at the moment and the current trajectory of the numbers coming in versus the numbers being processed, does the hon. Lady concede at least that the status quo is completely and utterly unsustainable? How we manage that system needs a fresh look.
Siân Berry
As I am sure the hon. Member will have imagined, I cannot agree, given the number of cases overturned. We have had some data from the Minister in her letter of 6 October, and 44% of human rights appeals are being allowed. Those are appeals where the initial decision was wrong. Emphasis needs to be on clearer processes, in which people can truly participate and get their information to the Home Office the first time, with the Home Office not losing it or reading it mistakenly, or any of the other problems. That is so important. These changes to the judicial process are the wrong solution to the wrong diagnosis, as with those in the Courts and Tribunals Bill.
Immigration and Asylum Bill (Fifth sitting) Debate
Full Debate: Read Full DebateZubir Ahmed
Main Page: Zubir Ahmed (Labour - Glasgow South West)Department Debates - View all Zubir Ahmed's debates with the Home Office
(5 days, 13 hours ago)
Public Bill CommitteesAs I set out at the beginning, it will be those who have a settled status. My understanding is that those that have a settled refugee status will be able to apply. Again, I can get confirmation for my hon. Friend on that point.
Amendments 95 and 96 taken together would mean that sponsor human rights claims can be made inadmissible or certified as clearly unfounded in the same way as other human rights claims. Applying section 80A or section 94(3) of the 2002 Act to sponsor human rights claims would preclude, in many cases, a substantive assessment of the claim if the sponsor were a national of, or able to reside in, any of the safe countries listed in the Act. In most cases, it would not be reasonable to refuse to consider a sponsor human rights claim fully, just because the sponsor making it was able to reside in one of those safe countries. For that reason, the Government cannot accept amendment 95.
As the Committee will be aware, I have tabled amendments to part 3 of the Bill to insert a new schedule that provides greater clarity on the Government’s approach to the core protection model. We will debate those amendments and the new schedule later in Committee.
Dr Zubir Ahmed (Glasgow South West) (Lab)
As a matter of record, it is important for my right hon. Friend to outline why the amendments and new schedule have been tabled now and why they were not included in the original Bill. I know my constituents take a keen interest in this matter, as my constituency has one of the highest amounts of asylum seeker housing in the country.
Immigration and Asylum Bill (Sixth sitting) Debate
Full Debate: Read Full DebateZubir Ahmed
Main Page: Zubir Ahmed (Labour - Glasgow South West)Department Debates - View all Zubir Ahmed's debates with the Home Office
(5 days, 13 hours ago)
Public Bill Committees
Dr Zubir Ahmed (Glasgow South West) (Lab)
Does the hon. Lady accept that article 8 was never intended to be interpreted as it is now, and therefore that if we do not provide guidance or adjust it, we will further dampen the British public’s confidence and trust in the immigration and asylum system? I can tell her from personal experience that when that happens, it is people from minority communities that are already here, sometimes for many generations, such as my father, who are first in the firing line. Does she therefore agree that if she, like me, wants Britain to be a compassionate, welcoming country, we must acknowledge that those articles are in some cases not being interpreted in the intended manner and that the adjustment is appropriate?
Siân Berry
I thank the hon. Member for his perspective. He must appreciate through his constituency casework, as I do, the general principle that article 8 claims need to be assessed on an individual basis. The Bill tries to codify and generalise things in ways that reduce the ability for anyone making decisions to look at the genuine family lives of those making the claims. Bad decisions can result from people misunderstanding different cultures, from unconscious biases and from all kinds of things like that. It is really important that we do not try to prescribe family life under state definitions. I will come on to talk more about that and about the toxic rhetoric and the awful anecdotes, such as the examples we have heard from Ministers, which increase the toxicity of the debate. We can do much better than this Bill to reduce that.
Clause 18 would replace the reality of family relationships with statutory presumptions. Families today come in many forms. We have single-parent households, blended families, grandparents raising children, and parents who do not live under the same roof through circumstance rather than choice. A family does not stop being a family because it fails a cohabitation test. I will always stand up against people trying to define what a normal family is. The Government’s stated objective is to confine family life “normally” to the core cohabiting family unit. A parent who does not live with their child must prove that the relationship is genuine and be judged on how often and how recently they have had contact, even where work, shared care or the immigration system itself has kept them apart.
Siân Berry
This is turning into a very broad debate, but I give way to the hon. Member for Glasgow South West.
Dr Ahmed
It is the hon. Lady’s contention that those of us on the Government Benches were somehow manipulated by others to arrive at this Bill. Will she at least concede that toxic rhetoric and hatred do not occur in a vacuum, as I know personally, but often exploit structural deficiencies in systems, and that sadly there are structural deficiencies in this system? Is fixing them not therefore the responsible thing to do, so that we can turn the tap off that these haters and racists use to fire abusive language at Members of Parliament and members of the public who do not look like them?
The Chair
Order. I have been very lenient, but I gently say that we need to keep interventions sharp and succinct, please.