Parliament round-up: asylum and immigration
A round-up of some recent parliamentary questions:
- Detention: Children – separated when one parent is detained;
- Detention: Children – when will detention of children end?
- Detention: Children – a formal time limit on the detention of children?
- Asylum – speeding up the processing of asylum applications?
- Asylum – progress on ‘legacy’ case resolution;
- Immigration control – Calais.
Detention Centres: Children – separated when one parent is detained
Home Department
Written answers and statements, 23 March 2011
Hansard source (Citation: HC Deb, 23 March 2011, c1165W)
Tom Brake (Carshalton and Wallington, Liberal Democrat)
To ask the Secretary of State for the Home Department
(1) how many families have been separated when one parent is held in immigration detention while their children or spouses stay in the community for the purposes of immigration control; and how many such families were single parent families where the parent detained was the primary or sole care giver in each of the last five years;
(2) in how many cases where children were cared for in fostering arrangements or by another parent while their parent was in immigration detention the UK Border Agency has information on whether the child’s care arrangements gave rise to child protection concerns which were identified by children’s services; and of such cases in how many instances were child protection concerns identified.
Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The information requested is not recorded centrally by the UK Border Agency and could be obtained only through examination of individual case records at disproportionate cost. However, in response to the Family Removals: Thematic Inspection report by the Independent Chief Inspector of the UK Border Agency, the UK Border Agency has committed to improving the management information held on families.
The UK Border Agency takes its responsibilities for safeguarding children seriously and where possible ensures that families remain together. Typically, separations would take place only in cases where a member of the family is also a former foreign national prisoner and a decision has been made to maintain their detention pending deportation. Under the new arrangements for managing family returns, families without any criminal history would only be separated in exceptional circumstances and after advice had been sought from the independent Family Returns Panel.
Detention Centres: Children – a formal time limit on the detention of children?
Home Department
Written answers and statements, 23 March 2011
Hansard source (Citation: HC Deb, 23 March 2011, c1164W)
Tom Brake (Carshalton and Wallington, Liberal Democrat)
To ask the Secretary of State for the Home Department
(1) if she will introduce a formal time limit on the detention of children in Tinsley House Immigration Removal Centre;
(2) if she will introduce a formal time limit for children to be housed in open accommodation and pre-departure accommodation facilities.
Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
A new approach to managing family returns has been developed and was introduced on 1 March. It aims to encourage families to leave without the need for enforcement action if they are found to have no legal right to be in the UK.
Where enforcement action does need to be taken, a range of options has been developed to ensure the safe return of families. These options include open accommodation and, as a backstop when other options for ensuring return have failed or are not appropriate, pre-departure accommodation. A small number of family rooms at Tinsley House immigration removal centre may be used in place of the new pre-departure accommodation until May. After May, Tinsley House will be used only for those few families who are refused entry to the UK at the border and need to be held for a short time prior to their return or for criminal and other high-risk families who could not be accommodated safely in the pre-departure accommodation.
Families will enter open accommodation on a voluntary basis and will be entirely free to come and go during their stay. Families will only enter open accommodation where their return can be delivered within 72 hours of the family’s arrival there, or within five working days for Third Country Unit or Non Suspensive Appeal cases. If the return fails, the family may remain in open accommodation, but their stay will not exceed a maximum of 28 days. Stays in pre-departure accommodation and in Tinsley House will be strictly time-limited: the normal maximum will be 72 hours, which may be extended in exceptional circumstances to a maximum of seven days with ministerial authorisation.
Other than in border cases, families will enter open accommodation, pre-departure accommodation and Tinsley House only after advice has been sought from a new independent Family Returns Panel.
Detention Centres: Children – when will detention of children end?
Home Department
Written answers and statements, 23 March 2011
Stephen McCabe (Birmingham, Selly Oak, Labour)
To ask the Secretary of State for the Home Department by what date she expects to end the practice of detaining children of failed asylum seekers.
Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
On 16 December 2010, the Government announced a new package to deliver our commitment to end the detention of children for immigration purposes and the immediate closure to children of the family unit at the Yarl’s Wood Immigration Removal Centre. A new approach to managing family returns has been developed which places far greater emphasis on engagement with families and aims to encourage families to leave without the need for enforcement action if they are found to have no legal right to be in the UK.
Most elements of this new process went live across the UK on 1 March 2011, including a new independent Family Returns Panel to advise the UK Border Agency on how to ensure the return of those families who do not take up the opportunities to leave under their own steam. A range of options has been developed to provide sufficient flexibility for a tailored approach to each family.
As a backstop, a new option of pre-departure accommodation is being developed for use when other options for ensuring return have failed or are not appropriate. This will have a secure perimeter but families will be allowed to leave the premises with permission after a suitable risk assessment. It will have an entirely different look and feel to an immigration removal centre with more privacy and strictly time-limited stays. Barnardo’s will deliver the key welfare, safeguarding and support services. We expect this to open in the summer.
The small number of family rooms at Tinsley House Immigration Removal Centre may be used in place of the new pre-departure accommodation until May. After May, Tinsley House will only be used for those few families who are refused entry to the UK at the border and need to be held for a short time prior to their return or for criminal and other high-risk families who could not be accommodated safely in the pre-departure accommodation.
Asylum – speeding up the processing of asylum applications?
Home Department
Written answers and statements, 22 March 2011
Hansard source (Citation: HC Deb, 22 March 2011, c930W)
Simon Kirby (Brighton, Kemptown, Conservative)
To ask the Secretary of State for the Home Department what recent progress her Department has made on speeding up the processing of asylum applications.
Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The average percentage of asylum claims that have received an initial decision within 30 days is 61% for cohorts since May 2010, compared to 46% for cohorts in the 12 months before May 2010. The average percentage of asylum cases concluded (granted or removed) within six months was 53% for cohorts since May 2010, compared to 48% for cohorts in the 12 months prior to May 2010.
Both of these indicators form part of a new framework that measures our progress towards an asylum system with swifter case conclusions and no backlogs, delivered at significantly lower cost to the taxpayer. Through the Asylum Improvement Project we have been testing a number of new ideas to improve the speed of the system including increased use of specialist case owners, tools to improve the flow of decision-making, and a more structured approach to interviews and decisions.
Asylum – progress on ‘legacy’ case resolution
Home Department
Written answers and statements, 22 March 2011
Hansard source (Citation: HC Deb, 22 March 2011, c930W)
John Spellar (Warley, Labour)
To ask the Secretary of State for the Home Department by what date she expects her Department to have resolved all older unresolved asylum cases.
Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The UK Border Agency provides regular updates on performance of the “legacy” cases, including a breakdown into grants, removals and “other” cases such as duplicates or errors, to the Home Affairs Select Committee.
On 2 March, the Agency reported to the Home Affairs Select Committee that it had concluded over 403,000 cases as at 31 January 2011 and is on track to conclude the legacy backlog by summer 2011.
Immigration – Calais
House of Lords
Written answers and statements, 23 March 2011
Hansard source (Citation: HL Deb, 23 March 2011, c181W)
Lord Condon (Crossbench)
To ask Her Majesty’s Government what is their assessment of the impact of the measures taken by the French authorities to inhibit the movement of potential illegal immigrants from the Calais region to ports in Kent.
Baroness Neville-Jones (Minister of State (Security), Home Office; Conservative)
Following the signing by UK and French Ministers of immigration agreements in 2009 and 2010, we have co-operated closely with the French authorities to fight illegal migration and trafficking networks by implementing a number of measures to jointly strengthen the common border.
These measures have included the closure by French authorities of the illegal encampment known as the jungle in Calais in September 2009, increased joint working between the French authorities and UK Border Agency at the northern French ports, and the use of improved technology. The French authorities have continued to take swift action to dismantle any illegal camps that spring up in the Calais area.
These measures have led to a sustained reduction during 2010 of approximately 75 per cent in the number of attempts to penetrate illegally the UK border through the ports of Calais, Coquelles and Dunkerque. Our two countries continue to work together very closely to ensure our strong border is maintained.
