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Immigration

Volume 711: debated on Monday 1 June 2009

Questions

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 20 April (WA 348), how many of the 3,829 persons refused entry at the United Kingdom border on grounds relating to the public good were from member states of the European Union. [HL3653]

From 2006 to 2008, 1,026 EU citizens were refused entry to the UK on the grounds of public health, public safety or public policy.

A breakdown of each year's figures is provided in the following table:

Year

Total

EU

Non EU

2004

977

2005

645

2006

626

178

448

2007

828

423

405

2008

753

425

328

Total

3829

1026

2803

Prior to the introduction of the EEA Regulations in 2006, refusals of EU and non-EU nationals, on the grounds of public health, public safety or public policy, were recorded under the same code.

The data provided are based on locally collated management information, which may be subject to change and does not represent published national statistics.

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 29 April (WA 37), how many of the 3,530 people granted indefinite leave to remain under immigration rule 276B(i)(b) were in receipt of public funds; what was the total cost to the public purse of hearing their cases; whether any are currently in receipt of public funds; and what were their countries of origin. [HL3655]

Information on the number of people granted indefinite leave to remain under immigration rule 276B(i)(b) who were in receipt of public funds, either at the time of their application or currently, is not centrally recorded. The country of origin of all those granted indefinite leave to remain is given in the attached table.

Nationalities of Applicants Granted Leave to Remain under Immigration Rule 276B

Nationality

Granted

Albania

Algeria

105

Angola

10

Antigua & Barbuda

Australia

25

Bangladesh

85

Barbados

20

Belarus

Belize

5

Bolivia

Bosnia & Herzegovina

Brazil

20

Bulgaria

5

Cameroon

10

Canada

35

Chile

5

China

80

Colombia

35

Congo

15

Ivory Coast

20

Croatia

10

Cyprus

15

Dominica

10

Dominican Republic

Ecuador

15

Egypt

15

Ethiopia

10

Fiji

Gambia, The

35

Georgia

Ghana

420

Grenada

10

Guatemala

Guinea

Guyana

20

Hungary

India

205

Indonesia

Iran

30

Israel

5

Italy

Jamaica

215

Japan

5

Jordan

5

Kenya

55

Lebanon

10

Liberia

Libya

5

Macedonia

5

Malawi

5

Malaysia

70

Malta

5

Mauritius

65

Mexico

5

Montenegro

Morocco

50

Burma

5

Nepal

10

Netherlands

New Zealand

10

Niger

Nigeria

670

Pakistan

210

Occupied Palestinian Territories

Peru

5

Philippines

45

Poland

10

Portugal

Montenegro

Romania

15

Russia

10

Rwanda

Saudi Arabia

Senegal

Serbia & Montenegro

15

Seychelles

Sierra Leone

130

Singapore

5

Somalia

5

South Africa

15

Korea (South)

5

Spain

Sri Lanka

105

St Kitts & Nevis

5

St. Lucia

25

St Vincent

15

Sudan

5

Taiwan

5

Thailand

20

Togo

Trinidad & Tobago

25

Tunisia

5

Turkey

45

Uganda

55

Ukraine

United Arab Emirates

Tanzania

25

America

95

Venezuela

Vietnam

5

Yemen

5

Yugoslavia

Zambia

55

Zimbabwe

80

Total

3,555

Figures are rounded to nearest five.

“” Indicates one or two.

“-” Indicates Nil.

Because of rounding, figures may not add up to totals shown.

The figures quoted are not provided under National Statistics protocols and have been derived from local management information and are therefore provisional and subject to change.

Asked by

To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 29 April (WA 37), what is the current immigration status of the 15,965 people not granted indefinite leave to remain under immigration rule 276B(i)(b); how many have lodged an appeal; how many have been successfully removed; and how many are still resident in the United Kingdom. [HL3656]

Asked by

To ask Her Majesty's Government following the announcement by the Home Secretary on 5 May that 22 people were banned from coming to the United Kingdom between 28 October 2008 and 31 March 2009, when each individual applied to visit the United Kingdom; why each individual was barred from entering the United Kingdom; and what legislation was used in each case to prevent those individuals entering the United Kingdom. [HL3693]

An individual does not have to have applied to come to the UK in order to be considered for exclusion. Any person whose presence in the UK is not considered conducive to the public good may be excluded. The 22 individuals excluded by my right honourable friend the Home Secretary between 28 October 2008 and 31 March 2009 were all considered to be engaging in activities set out in the List of Unacceptable Behaviours, published by former Home Secretary, Charles Clarke, in August 2005.

The Home Secretary may personally decide that an individual should be excluded from the UK because she considers that their exclusion is justified. This personal power is normally exercised on the grounds of national security, unacceptable behaviours, public order or relations with a third country, but this is a matter of policy not statute. The power is in fact broad and can be used in any circumstances, provided it is exercised reasonably, proportionately and consistently. An individual excluded by the Home Secretary must be refused entry to the UK, in accordance with paragraph 320(6) of the immigration rules.

Asked by

To ask Her Majesty's Government what is their forecast of the numbers of European Union or European Economic Area citizens who will be banned from entering the United Kingdom under the policy announced by the Home Secretary on 5 May. [HL3694]

As announced by my right honourable friend the Home Secretary on 5 May, amendments to the Immigration (European Economic Area) Regulations 2006 which are expected to take effect from 1 June will enable her to make a personal decision to exclude a European Economic Area (EEA) national whom she considers presents a threat to public policy or public security.

We cannot provide a forecast of the numbers of people who might be excluded under the amended regulations. However, where it is in the public interest, the names of EEA nationals who are excluded on public policy or public security grounds as a result of their involvement in unacceptable behaviours will be disclosed on a quarterly basis, together with the names of non-EEA nationals excluded on unacceptable behaviour grounds.

Asked by

To ask Her Majesty's Government which European Union or European Economic Area citizens they intend to ban from entering the United Kingdom under the policy announced by the Home Secretary on 5 May. [HL3695]

Following an amendment to the Immigration (European Economic Area) Regulations 2006, which is expected to come into effect on 1 June 2009, my right honourable friend the Home Secretary will consider whether to exclude certain European Economic Area nationals who are considered a threat to public policy or public security. However, it is our policy not to discuss individual cases before a decision has been made.

Asked by

To ask Her Majesty's Government what steps they will take following the High Court judgment of 6 April in HSMP Forum (UK) Limited v the Secretary of State for the Home Department concerning the retrospective application of changes to the immigration rules for highly skilled migrants. [HL3718]

The court has given the UK Border Agency until May 2009 to implement the judgment handed down on 6 April 2009.

A policy will be published on the UK Border Agency website. This will give full details of how we will treat those affected by the judgment.

Asked by

To ask Her Majesty's Government what guidance they issue on age determination in connection with immigration control; and whether they will await the findings of the Royal College of Paediatrics and Child Health, which announced on 24 February that it had been asked to review the evidence and was considering how it would undertake this work, before issuing amended guidance. [HL3744]

The United Kingdom Border Agency (UKBA) has issued detailed guidance to outline the policy and processes that asylum case owners apply when dealing with cases where the age of the person is in doubt. Consideration is being given to updating that guidance in light of recent developments, for example judicial proceedings in respect of age determination procedures. We will also take into account any revised advice on age determination issued by the Royal College.