UK Borders Bill

moved Amendment No. 19: 19: Clause 19, page 12, line 22, leave out ““, and at the time of making,”” The noble Lord said: My Lords, we had a discussion on amendments similar to these in Grand Committee, when the Minister was in his usual unreceptive mode in response to what we thought was a perfectly reasonable case for an exception to the general rule that under the points-based system, all the evidence has to be submitted at the time of the application. We recognised, and we do so now, the difficulty that had to be faced by the Home Office when confronted with evidence submitted on the day of the hearing, or close to it, which the presenting officer had no real opportunity to consider or respond to appropriately. But we drew attention to the AIT’s power to exclude late evidence under Rule 45(4) of the 2005 Procedure Rules. We have now gone to the opposite extreme, making it impossible for an applicant to correct a miscalculation of the points or a misunderstanding of the points criteria. As we pointed out, this could be absolutely disastrous for a person who is applying to extend his or her leave to remain, such as a university student continuing her course of studies. As we pointed out, the Minister’s suggestion that the person whose application is refused because she has not submitted the required evidence should lodge a fresh application is almost always going to be a non-starter for those seeking any kind of renewal of leave to remain, because in the meanwhile their existing leave to remain will have expired and they can no longer meet the conditions. As we noted, the Home Affairs Select Committee suggestion of a ““minded to refuse”” stage would have dealt with the problem, but would require a radical redraft of Clause 19. The Minister ruled that out as adding to the cost and complexity of the appeals process. I have one further suggestion, which I hope that the noble Lord will consider, and I would have put this to him if we had had an opportunity for a longer meeting during the Recess, which we were promised. This is that we apply the proposed amendments only to appeals against refusal of an extension of leave to remain, because that is where the greatest harm to a person’s future life and career may be caused by a simple mistake. I am not asking the Minister to give me an off-the-cuff answer to this proposal, but to take it away and think about it so that if we can agree, a mutually acceptable amendment can be put down at Third Reading. I beg to move.