Asylum (Designated States) Order 2010

My Lords, I thank the noble Lords who have participated and, as usual, asked testing questions. I turn first to the questions asked by the noble Viscount. I can assist with those about the number of asylum seekers, but less so with those about reasons, because we do not record them. We do not have a central record. On numbers, taking the three years 2007, 2008 and 2009, we had 25 applications from South Korea in 2007, 10 in 2008 and five in 2009. From Kosovo, we had 50 applications in 2007, 70 in 2008 and 20 in 2009. The figures for 2008 and 2009 are provisional. To digress to the question asked by the noble Lord, Lord Avebury, about why the applications come in the third quarter, that will, I am afraid, remain a mystery, at least to me. It is not a question that I have an answer to. I have already dealt with the question of assurance. The noble Lord, Lord Avebury, as ever, put to me a series of testing questions with great knowledge and research. I can probably do some justice to these, but not as much as he might wish. On the certification of heterosexual people only, I take on board the noble Lord’s points. Gay people’s situations will be considered as part of a country’s general situation, but I take the noble Lord’s point and I will respond to him in more detail on that. On Kosovo, we are not saying that such countries are safer for everyone but in general we accept that they have a legal system that does not discriminate against groups of people in law. I can reassure the noble Lord that numbers for Kosovo are recorded separately from those for Serbia and Montenegro. Since 2003, Kosovo has been a fully designated state, separate from Serbia. Our judgment is that it is generally politically, ethnically and religiously stable and has a good human rights record. There are some areas of concern, which I think the noble Lord cited: societal discrimination against ethnic minorities and homosexuals; domestic violence against women; some concerns about human trafficking; and abuses that take place. These do not generally reach the Article 3 thresholds and avenues for redress are available. I will, as I have said, respond to the noble Lord in greater detail in writing. With regard to North Korea, again, I shall write to the noble Lord on why asylum applications have been refused. Our in-country guidance is that asylum applications from North Korea should continue to be considered on their individual merits. If an application is refused and the individual is entitled to reside in South Korea, the claim is considered to be clearly unfounded. The case will be reconsidered for certification but it should be noted that that will be after the case has been looked at on its individual merits. However, as I said, I shall write to the noble Lord on that broader issue. I shall also write to the noble Lord on the question that he raised in respect of the AIT. It is very important that we consider carefully the situation in North Korea. We cannot give the undertaking that the noble Lord requested but I give a commitment to investigate the matter and to write to him in the detail that his question deserves. I hope that with those assurances the order will commend itself to your Lordships. Motion agreed.