Written question asked by Harry Cohen (Labour), in the House of Commons. It was due for an answer on Tuesday, 18 March 1997. It was answered by Lord Kirkhope of Harrogate (Conservative) on Tuesday, 18 March 1997 on behalf of the Home Office.

Home Office

Question: What assessment he has made of the compliance of his Department's policy in respect of the detention of asylum seekers convicted of using false documents with the terms of Article 31 of the UN Convention relating to the status of refugees.

Answer: Mr. Cohen: To ask the Secretary of State for the Home Department what assessment he has made of the compliance of his Department's policy in respect of the detention of asylum seekers convicted of using false documents with the terms of article 31 of the UN convention relating to the status of refugees; and if he will make a statement. [20277] Mr. Kirkhope: It is for the prosecuting authorities to decide whether to prosecute a person for using false documents. The prosecution of people who have not sought asylum in the United Kingdom, but have attempted to enter or leave the country using false documents, is not a breach of article 31 of the United Nations convention. Any subsequent application for asylum in the United Kingdom would be determined on its individual merits. Detention solely under Immigration Act powers would be authorised only if there were good grounds for believing that the person would not comply with the terms of temporary admission.

Secondary information

Type: Written question
Reference: 20277; 292 c489-90W
Session: 1996-97
Subjects: Detainees Fraud Immigration controls Migrants Prosecutions Refugees Refugee Convention