UK Borders Bill

My Lords, I am grateful to noble Lords who contributed to the debate and to the noble Baroness for her reminder to address the issue. I shall try to do exactly that. I want to take noble Lords through how the process works and try to offer some measure of reassurance. Clause 19 would ensure that in appeals brought against refusals of applications made under the points-based system, the appeals system considers the facts which led to the decision being appealed and will not be an opportunity for applicants to patch up failed applications with new evidence. That is the purpose of Clause 19. The appeals system exists so that any errors made by the Border and Immigration Agency in considering an application can be corrected. The amendment would lead to it being used to correct errors made by the applicant in applying. That is not the purpose of the appeals system as it exists. The noble Lord is rightly concerned that migrants who make mistakes in their applications will be unduly penalised. I hope I can offer some reassurance when I say that the points-based-system application process will be much clearer than the existing one about the evidence that applicants must submit. Applications under the points-based system will be made online, not through filling in long forms where the applicant has to identify the relevant boxes. The online system will guide applicants carefully through the process and signpost the way. Applicants will fill in a self-assessment form before making their formal application so that they know whether they are likely to qualify. When they complete the application online, they will indicate the categories in which they believe they qualify for points. The website will then tell them exactly what evidence they need to send to the BIA in order to prove that they qualify for the points. For example, if they claim points for having a degree, they will be told to send in their degree certificate. There will also be a call centre that they can phone if they are unclear. Therefore, there will be far less scope under the points-based system for migrants to send in the wrong evidence or to make the kind of mistakes that the noble Lord is concerned to prevent. Those who do make mistakes in their application despite the additional information and help that we will provide will have to make a new application. We do not believe that that is unreasonable, especially given the lengths to which we are going to make the requirements clear. The Border and Immigration Agency will have to make a new decision on the new evidence and it is only fair that the applicant should pay the cost of the administration. Concerns have been raised that the applicant will not be able to make a second application if they make an innocent mistake. It has been suggested that, by the time the mistake has been identified, they will not have any leave and their applications will be out of time. If a person applies to extend their stay and they are applying after their leave has expired, it is correct that they would normally be refused. However, where their leave expired less than 28 days previously, the Immigration Rules will provide a grace period. By that I mean that a migrant who does not have leave to be here will still be able to have his or her application considered provided that his or her previous leave expires 28 or fewer days before they make the second application.