---

Immigration (Registration Card) Order 2008

My Lords, I am grateful to the noble Baroness, Lady Hanham, and to the noble Lord, Lord Avebury, for their contributions. As always, they are very assiduous in these matters and take great care in framing their points and questions. The noble Baroness expressed support for the order, for which I am grateful. The noble Lord, Lord Avebury, as ever, asked useful and valuable questions. The order intends to ensure that the criminal offences contained in Section 26A(3) of the Immigration Act 1971, as amended, apply to failed asylum seekers supported under Section 4 of the Immigration and Asylum Act 1999. As I said, these offences relate mainly to the falsifying or altering of registration cards and currently apply to asylum seekers supported under Section 95 of that Act. I appreciate the views expressed particularly by the noble Lord, Lord Avebury, who is, as ever, very critical. The questions he asks are important. I turn first to the points that both noble Lords raised. The noble Baroness, Lady Hanham, asked what has brought about the order. We are trying to improve the level of compliance and achieve a technical alignment. In a sense we are trying to improve and simplify how the scheme works. The noble Baroness also asked what the barriers were to the removal of asylum seekers who may be assisted by this process and asked for statistics on the length of time they might be on support. I do not have statistics on the length of time they may be on support but I will ask the department to see what data we can find. I fully accept that it is important that we understand the quantum of the issue. Barriers to removal can fall into a number of categories. Although failed asylum seekers are taking reasonable steps to leave the UK, it may well be that they are unable to get travel documentation that fully complies with their departure. It may well be that they have a physical impediment and are unable to travel because of ill health or for some other medical reason. It may well be that no viable route of return is available. That does not happen often but it can happen. It does not seem to apply at present but there have been instances when it was the case. It may well be that an application and a judicial review are being considered, perhaps in Scotland or within our own jurisdiction, and that application has been given approval to proceed. Or it may well be that we have to take steps to ensure entirely that there is an avoidance of a person’s convention rights within the terms of the Human Rights Act.