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Proceeding contribution from Charles Clarke (Labour) in the House of Commons on Tuesday, 5 July 2005. It occurred during Debate on bill on Immigration, Asylum and Nationality Bill.


Immigration, Asylum and Nationality Bill

I shall make some more progress, and then I may give way again. On the first of the four work streams—the rules for permanent settlement and appeals—clauses 1 to 3 and 9 are concerned with appeal arrangements for people in the UK who are refused further leave or whose leave is varied. The clauses replace the current system with a single appeal at the removal stage, which would deal with all aspects of the case. An exception is made for people who have previously been recognised as refugees in the UK but who we judge no longer need our protection because their circumstances or the position in their country of origin has changed. The provisions ensure that someone who was a refugee can appeal against a decision that he or she is no longer a refugee before we move to take removal action. Clauses 4 and 5 abolish appeals for work and study routes for those refused entry clearance overseas and those refused entry at a UK port or airport. That policy was set out clearly in the five-year strategy and was a manifesto commitment. However, I entirely understand the points made by my hon. Friends the Members for Coventry, South (Mr. Cunningham) and for Bedford (Patrick Hall). Major concerns have been expressed about student visas—more so than work visas—and we have to take those very seriously. My proposition is that appeal rights should be focused on asylum and family cases that raise fundamental issues. As I said, the introduction of the single points-based scheme will ensure that the rules for entering the UK to work or as a student are as clear, simple and transparent as they need to be. Since I became Home Secretary—coming, as some Members may recall, from the Department for Education and Skills—I have been acutely aware of universities’ concerns about these matters, which I have discussed with them in a variety of ways. The changes that we have made will ensure a much more direct dialogue with the universities about the visa system that operates. Universities justifiably complained that we had an inflexible system in which it was very difficult for them to have any impact on the operation of the visa system as regards renewals and a whole series of issues that needed to be sorted out. We are trying to make progress in those areas. Their two fundamental concerns relate to the cost of visas and the question of appeals. It is important to bear in mind that, given that universities are bringing £3 billion a year in business into this country, it is not unreasonable for us to make a charge that meets the costs as they go through. The number of people on appeal is a very small proportion of the overall student body, but it makes the whole process for all students far slower and less effective than it would otherwise be. I therefore defend our proposals. Colleagues may want to make further points in Committee, but we have the right approach and that is how I intend to deal with the matter.


Secondary information

Type
Proceeding contribution
Reference
436 c193-4 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Databases Appeals Asylum Applications Fraud Employment Fingerprints Legal aid scheme Immigration controls Immigration Undocumented migrants Documents Entry clearances Passports Refugees Temporary accommodation Visas
Legislation
Immigration, Asylum and Nationality Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk