UK Borders Bill

My Lords, Clause 19 will ensure that in appeals brought against refusals of applications made under the points-based system—PBS—the appeals system considers the facts that led to the decision being appealed. That will ensure that the appeal is not an opportunity for applicants to patch up failed applications with new evidence. The amendments would negate the purpose of Clause 19 by allowing new evidence to be submitted in all PBS appeals, subject to the sole condition that the evidence must have been submitted no later than the notice of appeal. Under the PBS, applicants will be told in clear terms exactly what evidence they need to submit to qualify for points. It is therefore perfectly fair to expect them to submit that evidence with their applications. There is no reason why they should be able to submit it later in the process with their appeals, as the amendments propose. Our processes for handling PBS applications provide for one decision to be made. If applicants want to provide further evidence and consequently expect us to make a second decision, they must pay our administrative costs in remaking that decision. The appropriate channel to do that is by making a new application, not by relying on the appeals system. The purpose of the system is, as it says, to decide whether the appellant’s application was correctly refused. Allowing new evidence would mean that the Asylum and Immigration Tribunal would be making its own decision on a totally different basis from that of the Border and Immigration Agency. As drafted, Clause 19 contains enough safeguards to ensure that it is fair. For example, new evidence will be allowed to challenge an allegation by the Border and Immigration Agency that a piece of evidence is not genuine or to refute a reason for refusal that is not based on the acquisition of points. We contend that Clause 19 provides a clear and transparent appeal system to complement the clear and transparent points-based system. In our view, these amendments blur that clarity and must be resisted. The noble Lord invites me to consider at a later point his suggestion for some other way of dealing with this matter. My officials and I will read Hansard and give that some consideration.