UK Borders Bill

My Lords, the reason for having a points-based system is to ensure that there is greater transparency—that is how I can best put it. As I explained earlier, applicants will have a much clearer idea of what is expected of them in making the application because the points-based system spells it out. On the issue of fairness, that is obviously the most important point. We make every effort all the way through the process to ensure that applicants are not disadvantaged because of issues of language and understanding. Of course we expect the application to be completed in English, but we need to remember that we are talking about people who are coming here to work and study. In any event, those coming to do skilled work will need to speak the English language. However, advice and assistance are quite properly available so that applicants can deal with any difficulties that may arise in how the application works. I had rather hoped that noble Lords would let me take them through the process. By following it, they may have a clearer idea of what we are trying to do with the new points-based system. I would argue that the proposed amendment will not work within the framework of the appeals system. It is designed to allow the Border and Immigration Agency to reconsider its decision at the point when a notice of appeal is lodged rather than when it is actually heard. Even if we had the resources to make new decisions without charging a second application fee, we would still find it impossible to make new decisions before the hearing. A notice of appeal is lodged directly with the Asylum and Immigration Tribunal, not the Border and Immigration Agency. The tribunal list the appeal for hearing 28 days from receipt of the notice of appeal. By the time the agency receives a notice of appeal, there is simply not enough time to make a new decision without causing other delays to the appeal system. Finally, it is worth saying that there is a risk that if this amendment was adopted, everyone who wished to put in new evidence at the appeal stage would claim that they have made a mistake. We would not want to enter into complicated litigation over whether a mistake was made, whether it was inadvertent or whether the entire basis of the application had changed. However, this amendment would encourage exactly that. For those reasons, we believe that the amendment is unnecessary and potentially harmful to the success of the points-based system, which generally has been accepted as being a fairer means of making an assessment and coming to a conclusion. I believe that there is an outstanding question from the noble Lord, Lord Avebury. He asked about the scope of Clause 19(2). If the BIA rejects a document as invalid or not genuine because of an administrative error, we believe that in most cases the exception in the relevant section will allow evidence to correct the error to be admitted, as it will be evidence that the document is valid. I hope that that answers the noble Lord’s point.