UK Borders Bill

My Lords, an asylum claimant whose claim for refugee status is refused, but who is none the less granted more than 12 months of leave to enter or to remain in the United Kingdom, can appeal to the Asylum and Immigration Tribunal against the rejection of his claim for asylum. Where someone’s asylum claim is refused and they are granted 12 months or less leave to enter or remain, they may not immediately appeal, although of course they would have the opportunity to appeal against any subsequent decision to remove them from the United Kingdom. Strong policy reasons still exist for the 12-month restriction which this amendment seeks to remove. We recognise that noble Lords propose this amendment so that unaccompanied asylum-seeking children may obtain finality and clarity to their immigration status as early as possible. We do not believe that this amendment achieves that aim. Instead it would cause disarray in the appeals system and bring little or no benefit to the young people it seeks to assist. The underlying principle for why we must resist this amendment is straightforward. The purpose of requiring more than a year of leave to be granted before appeal rights may be exercised is to ensure the smooth operation of the appeals system should there be a mass influx of people who are not entitled to protection under the refugee convention and need to stay for only a short period of time. For example, in 1999 there was an influx of claimants from the Balkans, thousands of whom subsequently returned there once the situation in their countries improved. The appellate system cannot cope with such a sudden surge in the numbers of appeals in the system. Nor would it be economical for us to provide an appeal for thousands of short-stayers of this type. The legislation as it is framed protects the tribunal from such situations and we believe that it should continue to do so. Where someone is granted a period of leave of 12 months or less because of a temporary problem in their country of origin or some other short-term factor, we expect that person to return to their home country after a period of short stability in the United Kingdom and without the need for an enforced removal. Should we need to enforce removal, there is an immediate right of appeal against that decision. Whenever someone has an asylum or human rights claim, a decision to remove always attracts a right of appeal. Young people are not deprived of that right. Where 12 months or less of leave is granted, the opportunity to appeal is deferred until a further immigration decision is taken at the end of that period of leave. The effect of this is to delay the right to appeal by a maximum of 12 months and an average of just six months. We estimate that approximately 750 young people are affected by this each year. For all the turbulence to the appeal system that this amendment could cause, it aims to bring forward only the appeals of a relatively small number by a relatively short time. Apart from damaging the appeals system, this amendment fails to achieve its aim of bringing an early answer to the question of young people's immigration status. I remind noble Lords that 80 per cent of asylum appeals are dismissed. Where young people's appeals are dismissed but they remain in the UK with discretionary leave, their status is not necessarily finalised. Only when that discretionary leave expires at the age of 17 and a half can the final decision and appeal process fully consider whether human-rights reasons exist as to why removal from the United Kingdom is inappropriate. I hope that I have been able to offer some reassurance to noble Lords. Our policy of granting leave only until age 17 and a half to those unaccompanied asylum-seeking children whom we have refused asylum, but who cannot return, is designed to create a system where young people are clear about their future status in the United Kingdom by age 18. We acknowledge that it is not perfect and, of course, will work to improve the system through policy changes. The noble Lord, Lord Judd, asked about legal aid, and whether it was harder to acquire for adults. The merits test is designed to be based on more factors than just age. Appeals may of course have a good chance of success irrespective of age. I hope that, having heard what I have to say, he will feel able to withdraw his amendment.