Before the noble Lord, Lord Avebury, responds, perhaps I may say that I am grateful to the Minister for the way in which he has delineated the importance of having the appeals process as one that is distinct from the initial decision-making process and that it should not simply look at the whole thing all over again as if it were a new case. To tease him a bit, I note that the Government are considering changing the way in which the Court of Appeal considers cases. If they bring forward some of the proposed changes, the Court of Appeal will hear cases ab initio and there may be some parallel arguments to be made by the noble Lord, Lord Avebury, regarding the Bill—but long after I have finished this brief. That is not quite my legacy to the Minister.
I would be grateful if the Minister could give an assurance on the record regarding one matter which has been raised with me by noble Lords on my Benches who act as vice-chancellors to universities. They hope that there is a circumstance that would come within the permitted part of Clause 19 that says that if a document is not valid it may be presented later. The circumstance that I have in mind is where someone under the points-based system seeks to come here and presents evidence of having achieved a certain level of educational attainment—which carries with it particular points. The document has been sought in all honesty, and that person has attended and completed a course satisfactorily, but when the institution issues the document it makes a simple error, whereby perhaps the wrong date is given for the attendance of that person at that course. If that is discovered during the proceedings and the person is accused of having an invalid document, can the Minister assure me that the person who has to seek a new document setting out the correct information would not have to go back and start the whole process over again but would be able to bring the information later?
UK Borders Bill
Proceeding contribution from
Baroness Anelay of St Johns
(Conservative)
in the House of Lords on Wednesday, 18 July 2007.
It occurred during Debate on bills
and
Committee proceeding on UK Borders Bill.
About this proceeding contribution
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694 c73-4GC Session
2006-07Chamber / Committee
House of Lords Grand CommitteeSubjects
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