Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent estimate her Department has made of the impact of the no recourse to public funds policy on levels of (a) homelessness and (b) rough sleeping for EU nationals in the UK.
Answered by Kevin Foster
The Home Office works closely with the Department for Levelling Up, Housing and Communities to reduce the incidence of rough sleeping among non-UK nationals. The Home Office Rough Sleeping Support Service (RSSS) gives real-time immigration information to local authorities and registered charities, to help them assess rough sleepers’ status and entitlements. Where individuals with unresolved immigration status cannot access the support they may be entitled to, the RSSS supports them to resolve their status and gain access to that support.
Migrants with leave under the family and human rights routes, and those who have been granted leave on the Hong Kong British National (Overseas) visa route as a British National (Overseas) status holder or a family member of a British National (Overseas) status holder, can apply, for free, to have their NRPF condition lifted by making a ‘change of condition’ application if they are destitute or at risk of destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.
For those on other routes, we remain clear that councils and partners should exhaust all options within the law to support those who are unable to access statutory homelessness assistance as a result of their immigration status and to ensure everyone has a route off the street, including those with a NRPF condition.
Those who have no recourse to public funds due to not having a lawful immigration status, should seek to regularise their stay or leave the UK. The Voluntary Returns Service offers practical support for most foreign nationals who have decided they want to return home.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will make an assessment of the potential merits of collecting disaggregated data on incidents of domestic violence by (a) ethnicity of the complainant, (b) immigration status of the complainant and (c) police recorded outcome.
Answered by Kit Malthouse
This Government is committed to supporting all victims of domestic abuse. Our landmark Domestic Abuse Act will strengthen our protection to victims and ensure perpetrators feel the full force of the law. It includes the first legal definition of domestic abuse, improved support for victims in the courts, new offences and strengthened legislation around cruel acts of controlling or coercive behaviour.
The definition of domestic abuse included in the Domestic Abuse Act 2021 is universally applicable and the Act’s provisions apply to all victims of domestic abuse, regardless of age, ethnic background, immigration status, and should offer greater protections for especially vulnerable individuals.
The Home Office collects data on outcomes assigned to domestic abuse-related offences recorded by the police. These data are published annually by the Office for National Statistics in their articles on domestic abuse. Data for 2020/21 can be found here: Domestic abuse in England and Wales overview - Office for National Statistics (ons.gov.uk).
The Home Office has begun collecting data on the ethnicity of victims of all crime from 1 April this year and these data will be published in due course. Information on the immigration status of the complainant of domestic abuse-related offences are not collected centrally.
Collecting data allows us to better monitor the prevalence of domestic abuse amongst different groups and further integrate a diverse range of victim experiences into conversations and policy decisions around domestic abuse.
Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans she has to introduce a longer-term global resettlement programme for refugees who wish to come to the UK.
Answered by Kevin Foster
The UK has a long history of supporting refugees in need of protection. The UK continues to welcome vulnerable people through the existing global UK Resettlement Scheme, Mandate Resettlement Scheme, Community Sponsorship Scheme and Afghan Citizens Resettlement Scheme.
Since 2015, we have resettled more than 27,000 refugees through safe and legal routes directly from regions of conflict and instability - around half of whom were children.
The Afghan Citizens Resettlement Scheme (ACRS) commenced on 6 January and will provide up to 20,000 women, children, and others at risk with a safe and legal route to resettle in the UK.
In addition to our resettlement schemes, we also operate the following safe and legal routes:
In response to the ongoing conflict in Ukraine, the Government has introduced two new schemes: the Ukraine Family Scheme announced on 4 March, and for those without family links to the UK, the Homes for Ukraine Scheme announced 14 March.
Resettlement is only one strand of our international efforts helping refugees. It is complemented by the UK’s significant humanitarian aid programme and diplomatic efforts.
More information on existing resettlement schemes can be found in the published guidance Resettlement: policy guidance - GOV.UK (www.gov.uk) and Afghan citizens resettlement scheme - GOV.UK (www.gov.uk).
Further information on the Ukraine Family Scheme and Homes for Ukraine Scheme can be found in the published guidance Apply for a Ukraine Family Scheme visa - GOV.UK (www.gov.uk) and Homes for Ukraine – Homes for Ukraine – Local Sponsorship Scheme for Ukraine (campaign.gov.uk)
More information on safe and legal routes can be found here: Nationality and Borders Bill: Factsheet Safe and Legal Routes - GOV.UK (www.gov.uk)
Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the impact of difficulties in obtaining in-person legal advice on the quality of legal assistance given to asylum seekers in immigration detention who have experienced (a) rape, (b) other gender-based violence and (c) torture.
Answered by Kevin Foster
The Home Office regularly reviews its policies, guidance and processes. A number of mechanisms exist to identify vulnerable people in immigration detention. All individuals receive a healthcare screening within 2 hours of a person’s arrival at an Immigration Removal Centre (IRC) and, unless they decline, an appointment with a doctor within 24 hours; Induction interviews with Home Office Detention Engagement Team staff include questions which seek to identify vulnerability; and Rule 35 of the Detention Centre Rules 2001 / Rule 32 of the Short Term Holding Facility Rules 2018 require the medical practitioner to report where they have concerns a person’s health may be injuriously affected by detention, a person may have suicidal intentions, or a person may have been a victim of torture.
The Adults at Risk in Immigration Detention (AAR) policy strengthens the presumption against the detention of those who are particularly vulnerable to harm in detention. Under the AAR policy, vulnerable individuals will be detained only when the evidence of vulnerability in their particular case is outweighed by the immigration considerations, including expected date of removal, compliance with immigration law, and public protection. Where a decision is taken to maintain the detention of a vulnerable person, safeguards are in place including regular reviews to ensure detention remains lawful, appropriate and proportionate.
All Home Office staff working in the detention system are given training and support to identify and act upon indicators of vulnerability.
Detained individuals are advised of their right to legal representation, and how they can obtain such representation, within 24 hours of their arrival at an IRC. The Legal Aid Agency (LAA) operates free legal advice surgeries in IRCs in England. Individuals who are detained are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. Legal visits can take place from both legal providers attending under the Legal Aid Detained Duty Advice Scheme and other legal providers visiting their clients who are in detention. In line with Government advice on social distancing, during the pandemic, face to face legal visits were facilitated in exceptional circumstances, and only if other means of contact (Skype, telephone, email) were not feasible or appropriate. In light of changes to Government guidance, face to face legal visits can now be facilitated. Safe systems of work are in place to ensure the safety of detained individuals, onsite staff and visitors during these visits.
There is a dedicated welfare team available daily within each IRC who focus on residents’ needs and assist all detained individuals to obtain legal advice.
Asked by: Lyn Brown (Labour - West Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 9 March 2022 to Question 132223 on Asylum: Mental Health, what recent assessment she has made of the effectiveness of the Adults at Risk policy and other existing guidance and rules at (a) identifying asylum seekers who have experienced (i) rape and (ii) torture, and (b) ensuring their prompt release from immigration detention.
Answered by Kevin Foster
The Home Office regularly reviews its policies, guidance and processes. A number of mechanisms exist to identify vulnerable people in immigration detention. All individuals receive a healthcare screening within 2 hours of a person’s arrival at an Immigration Removal Centre (IRC) and, unless they decline, an appointment with a doctor within 24 hours; Induction interviews with Home Office Detention Engagement Team staff include questions which seek to identify vulnerability; and Rule 35 of the Detention Centre Rules 2001 / Rule 32 of the Short Term Holding Facility Rules 2018 require the medical practitioner to report where they have concerns a person’s health may be injuriously affected by detention, a person may have suicidal intentions, or a person may have been a victim of torture.
The Adults at Risk in Immigration Detention (AAR) policy strengthens the presumption against the detention of those who are particularly vulnerable to harm in detention. Under the AAR policy, vulnerable individuals will be detained only when the evidence of vulnerability in their particular case is outweighed by the immigration considerations, including expected date of removal, compliance with immigration law, and public protection. Where a decision is taken to maintain the detention of a vulnerable person, safeguards are in place including regular reviews to ensure detention remains lawful, appropriate and proportionate.
All Home Office staff working in the detention system are given training and support to identify and act upon indicators of vulnerability.
Detained individuals are advised of their right to legal representation, and how they can obtain such representation, within 24 hours of their arrival at an IRC. The Legal Aid Agency (LAA) operates free legal advice surgeries in IRCs in England. Individuals who are detained are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. Legal visits can take place from both legal providers attending under the Legal Aid Detained Duty Advice Scheme and other legal providers visiting their clients who are in detention. In line with Government advice on social distancing, during the pandemic, face to face legal visits were facilitated in exceptional circumstances, and only if other means of contact (Skype, telephone, email) were not feasible or appropriate. In light of changes to Government guidance, face to face legal visits can now be facilitated. Safe systems of work are in place to ensure the safety of detained individuals, onsite staff and visitors during these visits.
There is a dedicated welfare team available daily within each IRC who focus on residents’ needs and assist all detained individuals to obtain legal advice.
Asked by: Lord Oates (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether any of those facing deportation to Zimbabwe on 2 March were British citizens whose citizenship has subsequently been revoked; and if so, what were the reasons in each case.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We do not comment on individual cases, but I can confirm that we only ever return those who the Home Office and, where applicable, the courts are satisfied do not need our protection and who have no legal basis to remain in the UK. By definition, they do not need protection and not at risk on return.
Individuals being returned have had the opportunity to raise claims, including protection and modern slavery claims prior to their deportation or administrative removal. All claims raised will be fully considered and decided – we would not remove someone where there were outstanding claims or concerns. Each case is considered sensitively, appropriately and on its individual merits. All available evidence is carefully and sensitively considered against a background of relevant case law and in light of published country information, which covers country specific issues. Our country policy and information notes are published on the gov.uk website. They are kept under constant review and updated periodically.
Since January 2019 we have returned 10,017 foreign national offenders (FNOs) and since April 2020, we have utilised over 110 charter flights to deport FNOs and other immigration offenders to countries across Europe and around the rest of the world.
The Home Office publishes data on the number of returns from the UK, by nationality, including Zimbabwe, in the Immigration statistics quarterly release which can also be found on gov.uk.
Asked by: Lord Oates (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether all of the Zimbabwean nationals they intend to remove from the UK on 2 March have been convicted of a criminal offence; and whether any of them have been convicted only of an immigration offence.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We do not comment on individual cases, but I can confirm that we only ever return those who the Home Office and, where applicable, the courts are satisfied do not need our protection and who have no legal basis to remain in the UK. By definition, they do not need protection and not at risk on return.
Individuals being returned have had the opportunity to raise claims, including protection and modern slavery claims prior to their deportation or administrative removal. All claims raised will be fully considered and decided – we would not remove someone where there were outstanding claims or concerns. Each case is considered sensitively, appropriately and on its individual merits. All available evidence is carefully and sensitively considered against a background of relevant case law and in light of published country information, which covers country specific issues. Our country policy and information notes are published on the gov.uk website. They are kept under constant review and updated periodically.
Since January 2019 we have returned 10,017 foreign national offenders (FNOs) and since April 2020, we have utilised over 110 charter flights to deport FNOs and other immigration offenders to countries across Europe and around the rest of the world.
The Home Office publishes data on the number of returns from the UK, by nationality, including Zimbabwe, in the Immigration statistics quarterly release which can also be found on gov.uk.
Asked by: Lord Oates (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what consideration they will give to the (1) political, and (2) human rights, situation in Zimbabwe when determining whether to go ahead with the planned deportation of Zimbabwe nationals on 2 March.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We do not comment on individual cases, but I can confirm that we only ever return those who the Home Office and, where applicable, the courts are satisfied do not need our protection and who have no legal basis to remain in the UK. By definition, they do not need protection and not at risk on return.
Individuals being returned have had the opportunity to raise claims, including protection and modern slavery claims prior to their deportation or administrative removal. All claims raised will be fully considered and decided – we would not remove someone where there were outstanding claims or concerns. Each case is considered sensitively, appropriately and on its individual merits. All available evidence is carefully and sensitively considered against a background of relevant case law and in light of published country information, which covers country specific issues. Our country policy and information notes are published on the gov.uk website. They are kept under constant review and updated periodically.
Since January 2019 we have returned 10,017 foreign national offenders (FNOs) and since April 2020, we have utilised over 110 charter flights to deport FNOs and other immigration offenders to countries across Europe and around the rest of the world.
The Home Office publishes data on the number of returns from the UK, by nationality, including Zimbabwe, in the Immigration statistics quarterly release which can also be found on gov.uk.
Asked by: Dawn Butler (Labour - Brent Central)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the impact of the no recourse to public funds policy on homelessness levels; and if he will make a statement.
Answered by Eddie Hughes
The Government wants to ensure that local areas have the tools they need to support rough sleepers, including non-UK nationals with restricted eligibility, off the street.
We do not collect data on immigration status but do collect information on the nationality of those on the street. The latest Annual Rough Sleeping Snapshot figures for autumn 2021 showed that 25% (610 people) of those sleeping rough on a single night were from outside the UK. We also collect monthly management information about the support for people sleeping rough which showed that as at the end of December 2021, 33% (1590 people) of those in emergency and short-term accommodation were from outside the UK.
We have committed £2 billion over the next three years to tackle homelessness and rough sleeping and the Government has been clear that this funding can be used to help anyone, including those with restricted eligibility, as long as the local authority is acting within the law in doing so.
Through the Rough Sleeping Initiative, we have provided over £200 million to local authorities to provide tailored local interventions for rough sleepers in their area. As part of this funding, local authorities can bid for support for individuals to determine or resolve their immigration status.
We remain clear that councils and partners should exhaust all options within the law to support those who are unable to access statutory homelessness assistance as a result of their immigration status and to ensure everyone has a route off the street, including those with an No Recourse to Public Funds condition.
Asked by: Neil Coyle (Labour - Bermondsey and Old Southwark)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department is considering Group 2 refugees as part of its Public Funds Review as set out in the Government’s response to Recommendation 7 of the Windrush lessons learned review.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Nationality and Borders Bill, including Clause 11 relating to the differentiation policy of refugees, is not yet law. Consideration of Group 2 refugees does not, therefore, fall within the scope of the Home Office’s review of the compliant environment in response to recommendation 7 of the Windrush Lessons Learned Review.
Changes to the policies being delivered through the Nationality and Borders Bill will be subject to appropriate impact assessments. We have already published an Equality Impact Assessment on 16 September 2021, which can be found at: https://www.gov.uk/government/publications/the-nationality-and-borders-bill-equality-impact-assessment. We will also be undertaking New Burdens Assessments prior to the policy being implemented, as part of the work to operationalise the Nationality and Borders Bill and the wider New Plan for Immigration.
More information will be made available when we have concluded the remainder of the policy development.