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UK Border Agency

Yes, I understand the right hon. Lady’s point. I am sure that that will be considered, as the case is still live, as I understand it. I do not want to comment specifically on it, but I am sure that that point will be made strongly when the case is considered by those whose job it is to consider such matters. It is also open to a person to apply for leave to remain outside the immigration rules. The only two circumstances in which it will be necessary to consider granting leave to remain outside the rules will be in cases where someone qualifies under one of the published immigration policy concessions or for reasons that are particularly compelling in the circumstance. Such leave to remain outside the rules will inevitably be rare, and should be given only for genuinely compassionate reasons—I am sure that that will form part of the deliberations on the case—or where it is deemed absolutely necessary to allow someone to enter or remain in the UK when there is no other option available. I cannot accept the accusation that we are targeting soft cases. I do not accept that, but I understand the concerns and frustrations of right hon. and hon. Members, particularly when it comes to constituency cases. It is important that we have strong rules and that they are applied fairly and consistently. It is also important that they can be challenged and that there are avenues of appeal. I understand that such appeals are still under way in some of the cases that we have discussed. Let me say something briefly about removals and proper notice. Of course, one wishes and hopes that systems are humane and fair and, where possible, take into account all the characteristics of a case. If there is the threat that someone will be removed, it is not the case that they become aware of that threat only at the moment at which they are removed. Throughout the process, the implication and assertion is that there is a risk that they will be removed if they do not have a right to be here. The suddenness of that removal can of course cause concern, but to some extent it reflects the actions of the lowest common denominator in such cases. I am not commenting on the case mentioned by the right hon. Lady, but if a person is warned of the time of their removal, where it will take place and who will do it, in many cases they will choose to abscond. The long trail to find them will then be embarked on again and they will have to be tracked down at considerable expense. I understand the concern that has been expressed, but the difficulty of making judgments in these cases, and of carrying them out, needs to be appreciated. I understand the frustration felt by the right hon. Lady and others across the House, especially in constituency cases. I want to reassure her, as far as I can, that cases are looked at properly and within the rules, and that there is no targeting of soft cases. All cases will be dealt with properly, and that includes the appeals process. As I said at the outset, my hon. Friend the Minister for Borders and Immigration will write to the right hon. Lady on the specifics of the case. If she is not fully satisfied with this afternoon’s debate, I hope that he will be able to address her concerns further.