Asked by: Dan Carden (Labour - Liverpool, Walton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to prevent discrimination on the basis of sexual orientation or gender identity in the application of the new asylum assessment rules under the Nationality and Borders Act.
Answered by Robert Jenrick
This Government remains committed to securing and advancing the rights of individuals who are LGBT. The welfare and dignity of all claimants, including those who are LGBT, remains central to our decision-making processes.
One of the key objectives of the Nationality and Borders Act 2022 – part of our New Plan for Immigration - is to increase the fairness and efficacy of our asylum system so that we can better protect and support those in genuine need of asylum. Equalities considerations have been central in developing our plan. In September 2021, we published an Equality Impact Assessment for the policies being taken forward through the then Bill which included an assessment on potential impacts on people who may face persecution because of the protected characteristics of sex, sexual orientation and gender reassignment.
Asked by: Ruth Jones (Labour - Newport West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when she will enact the provision in the Nationality and Borders Bill which provides for 12 months of individualised support for victims of modern slavery following a positive conclusive grounds decision.
Answered by Amanda Solloway - Government Whip, Lord Commissioner of HM Treasury
The Government has made clear its commitment that, where necessary, all those who receive a positive conclusive grounds decision and are in need of specific support will receive appropriate tailored support for a minimum of 12 months.
We are actively considering how to deliver this commitment in a way that best serves the individual needs of modern slavery victims and will be able to provide further details in due course.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many refugees who had entered the UK through safe and legal routes were granted leave to remain (1) every year since 2015, and (2) broken down by route.
Answered by Lord Harrington of Watford
Information on safe and legal routes is available via the link below:
Nationality and Borders Bill: Factsheet Safe and Legal Routes - GOV.UK (www.gov.uk)
The Home Office publishes data on resettlement in the ‘Immigration Statistics Quarterly Release’. Data on the number of refugees resettled by resettlement scheme are published in table Asy_D02 of the asylum and resettlement detailed datasets. Information on how to use the datasets can be found in the ‘Notes’ page of the workbook. The latest data relates to Q1 2022.
The resettlement data in Asy_D02 does not cover data relating to the individuals relocated under the Afghanistan Citizens Resettlement Scheme (ACRS) or Afghan Relocations and Assistance Policy (ARAP). The Afghan Citizens Resettlement Scheme (ACRS) opened in January 2022, with the first eligible person relocated under the scheme on 6 January 2022.
The Afghan Relocations and Assistance Policy (ARAP) launched on 1 April 2021, and provisional data show more than 7,000 people have been relocated under the scheme so far. Statistics on these schemes will be included in future editions of Immigration Statistics.
Further details on the ACRS and ARAP can be found in the FACTSHEET: ACRS and other routes and Operation Warm Welcome: progress update.
Data on the number of Family Reunion visas granted are published in table Fam_D01 of the asylum and resettlement detailed datasets. Information on how to use the datasets can be found in the ‘Notes’ page of the workbook. The latest data relates to Q1 2022.
The Home Office publishes data on the number of applications and grants of leave on the British National Overseas (BN(O)) route in the “How many people come to the UK each year (including visitors)?” topic and underlying datasets of the ‘Immigration Statistics Quarterly Release’.
Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’.
Information on the number of visas granted under the Ukraine Family Scheme and the Homes for Ukraine Scheme can be found in our published data on the GOV.UK webpage: Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) visa data - GOV.UK (www.gov.uk)
Asked by: Marquess of Lothian (Conservative - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they will list all the safe and legal routes for asylum seekers from (1) Afghanistan, (2) Syria, and (3) Yemen, which would allow them to claim asylum in the UK (a) on arrival, or (b) prior to their departure from their country of origin.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The UK welcomes refugees and people in need of protection through its existing resettlement schemes. The government encourages eligible individuals to use established safe and legal pathways. These include the UK Resettlement Scheme, Community Sponsorship, Mandate Resettlement Scheme, the Afghanistan Citizens Resettlement Scheme and the Afghanistan Relocations and Assistance Policy.
In addition to our refugee resettlement schemes, family reunion policy allows a spouse/partner and children under 18 of those granted protection in the UK to join them here if they formed part of the family unit before the sponsor fled their country.
With worldwide displacement now standing at around 80 million people we cannot help everyone. We will, however, continue to maintain clear, well-defined safe, and legal routes for people who need protection. Access to the UK’s asylum system should be based on need, not on the ability to pay people smugglers. Those already in a safe country should claim asylum there.
While we do not allow asylum claims from abroad, all asylum claims lodged from within the UK and admitted to the UK asylum system are given full and careful consideration so that we do not remove anyone who faces persecution or serious harm on return to their country of origin.
Our guidance for considering asylum claims is available on GOV.UK.
More information on safe and legal routes is available via the link below:
Nationality and Borders Bill: Factsheet Safe and Legal Routes - GOV.UK (www.gov.uk)
Asked by: Dan Jarvis (Labour - Barnsley Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential effect of provisions in the Nationality and Borders Bill relating to an age identification scheme on the treatment of child victims of trafficking and modern slavery.
Answered by Amanda Solloway - Government Whip, Lord Commissioner of HM Treasury
The Government is committed to protecting vulnerable children, including child victims of trafficking and modern slavery. Our age assessment process seeks to balance the needs of vulnerable children whilst preventing adults abusing the system and the age assessment reforms within the Nationality and Borders Act 2022 will further improve the accuracy of age assessment outcomes, minimising the risk that a person will be incorrectly treated as either an adult or a child.
In accordance with Section 51 of the Modern Slavery Act 2015, if the Home Office is not certain of a person’s age, but has reasonable grounds to believe that they may be under 18, they will be treated as a child until an assessment of their age is carried out by a local authority or their age is otherwise determined.
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many and what proportion of challenges to deportations of foreign national offenders by her Department have been successful in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many challenges of deportations of foreign national offenders by her Department have been successful for offenders with sentences of (a) less than one year custodial sentence, (b) one to four years custodial sentence and (c) more than four years custodial sentence in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many and what proportion of attempted deportations of foreign national offenders by her Department have been successfully challenged on Article 8 ECHR grounds in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Mark Harper (Conservative - Forest of Dean)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many attempted deportations by her Department of foreign national offenders have been successfully challenged in each year over the last 10 years.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The British public should be in no doubt of this Government’s determination to remove criminals to protect both their victims and to make our streets safer and is fully committed to discharging the obligation under the UK Borders Act 2007, which is that a non-British citizen convicted of an offence in the United Kingdom and sentenced to 12 months or more imprisonment, and to whom an exception does not apply, be deported from the UK. All FNOs are provided an opportunity to make submissions against their deportation which are fully considered and determined upon before deportation, including, where applicable, via the Courts. We have recently brought forward the Nationality and Borders Act to help end the cycle of last-minute claims and appeals that can delay removals
The Ministry of Justice routinely publishes data relating to all appeals lodged with the First-tier Tribunal Immigration and Asylum Chamber (FTTIAC). The latest statistical quarterly release can be found here:
Tribunal Statistics Quarterly: January to March 2022 - GOV.UK (www.gov.uk)
Additionally, the Home Office published a one-off statistical note release on 22 February 2022, which relates to human rights appeals brought by foreign national offenders (FNOs) and specifically those allowed on human rights grounds at the First-tier Tribunal. The data includes information management between April 2008 and June 2021.
Published research shows that most FNOs who left detention in 2017, having claimed asylum while in immigration detention, did not have their claim upheld - only 2% of asylum applicants were granted leave to remain at the initial decision, whereas 92% were not and 5% are awaiting a decision.
Issues raised by people facing return in immigration detention - GOV.UK (www.gov.uk) These figures reveal a system open to abuse and are clear evidence of the need for reform. That is why the Nationality and Borders Act makes provisions to streamline the appeals process by introducing an expanded one stop process aimed at reducing the extent to which people can frustrate removals through sequential or unmeritorious claims, appeals or legal action.
Further information can be found in the New Plan for Immigration: policy statement (accessible) - GOV.UK (www.gov.uk) and the factsheet Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Stephen Timms (Labour - East Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what discussions officials in her Department have had with organisations representing the interests of children in preparing the Nationality and Borders Act 2022; and if she will make a statement.
Answered by Kevin Foster
The Nationality and Borders Act is part of our New Plan for Immigration, delivering the most comprehensive reform of the asylum system in decades.
An Equality Impact Assessment was published on 16 September, as part of the then Nationality and Borders Bill, and this includes consideration of possible impacts on children. The Equality Impact Assessment can be found on the GOV.UK website; https://www.gov.uk/government/publications/the-nationality-and-borders-bill-equality-impact-assessment.
This was informed by a public consultation, the Government’s response for which is also published: https://www.gov.uk/government/consultations/new-plan-for-immigration.
Home Office guidance is regularly reviewed by respective policy teams and any such changes are made when appropriate.