This week in Parliament: asylum and immigration

• Yarl’s Wood Immigration Removal Centre (Families from Scotland; children detained)
• Deportation (“dawn raids”; statistics; families)
• Immigration (number of MP interventions)
• Immigration Controls: English Language (and human rights)
• Asylum (Azure cards)
• Prisoners: Foreigners
• Asylum (Case Resolution/”Legacy” update)
• Asylum: Pakistan (women seeking asylum)
• Asylum: Zimbabwe
• Human Trafficking: Convictions
• Detention Centres: Restraint Techniques (children and adults)
• Detainees: Children (pilot schemes)

Yarl’s Wood Immigration Removal Centre (Families from Scotland)
Home Department
Written answers and statements, 16 September 2010

Pete Wishart (Perth and North Perthshire, Scottish National Party)
To ask the Secretary of State for the Home Department how many (a) adults and (b) children taken into custody by the UK Border Agency in Scotland have been detained at Yarl’s Wood Immigration Removal Centre since the ending of child detention at Dungavel was announced.

Hansard source (Citation: HC Deb, 16 September 2010, c1217W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
Records show that one family, comprising one adult and one child, taken into custody in Scotland, has been detained at Yarl’s Wood immigration removal centre since 19 May 2010.

These data are normally used for management information only and are not subject to the detailed checks that apply for National Statistics publications.

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Yarl’s Wood Immigration Removal Centre (children detained)
Home Department
Written answers and statements, 13 September 2010

David Blunkett (Sheffield, Brightside and Hillsborough, Labour)
To ask the Secretary of State for the Home Department how many children have been detained at Yarl’s Wood Detention Centre since it was rebuilt following fire damage; and how many children were in the family unit at Yarl’s Wood on the latest date for which figures are available.

Hansard source (Citation: HC Deb, 13 September 2010, c886W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
Yarl’s Wood Immigration Removal Centre (IRC) re-opened in September 2003 and has provided accommodation for children who are part of a family group since January 2005. Information on the number of children detained at that centre from 2005 can be provided only by examination of individual records at disproportionate cost.

In August 2009 the Control of Immigration Quarterly Statistical publication was expanded to include management information on persons entering detention, total number of persons leaving detention and the number of families with children held in detention. This information is available by age (to separately identify children), and will be published quarterly in the future; however data for years earlier than 2009 will remain unavailable.

Between January 2009 and June 2010, 935 children entered Yarl’s Wood IRC and were held solely under Immigration Act powers.

Published data, using rounding conventions to ensure that the identity of the individuals is safeguarded, show that as at 30 June 2010 there were less than three people detained solely under Immigration Act powers at Yarl’s Wood removal centre who were recorded as being less than 18 years of age. This figure includes any cases where the age is disputed at the time.

Information on children detained solely under Immigration Act powers relating to the second quarter 2010 are available in the Control of Immigration: Quarterly Statistical Summary, United Kingdom, April to June 2010 in the Library of the House and the Home Office’s Research, Development and Statistics website at:

http://www.homeoffice.gov.uk/rds/immigration-asylum-stats.html

The Government have made clear their commitment to end the detention of children and continue to work with their corporate partners to find an alternative that protects the welfare of children, without undermining UK immigration laws.

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Asylum: Deportation (“dawn raids”)
Home Department
Written answers and statements, 16 September 2010

Pete Wishart (Perth and North Perthshire, Scottish National Party)
To ask the Secretary of State for the Home Department whether the UK Border Agency has undertaken a review of its policy on dawn raids for the removal of failed asylum seekers and illegal immigrants as a result of the report by the independent chief inspector of the UK Border Agency.

Hansard source (Citation: HC Deb, 16 September 2010, c1213W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
Section 55 of the Borders, Citizenship and Immigration Act 2009 placed a statutory safeguarding duty for children on the UK Border Agency, which we take very seriously. On its introduction we reviewed our guidance for immigration officers undertaking home visits and we have clear guidance on the time of day a visit should take place.

Where immigration officers are planning a visit all factors are considered. If a child or children are in a family that are being visited, a member of the team will be aware of them specifically and their welfare will be that staff member’s prime concern. Visits to home addresses are undertaken as sensitively as possible.

We keep our guidance and staff activity under continuous review and following the review of family removals by the independent chief inspector we have accepted that while our guidance is clear, there is some assurance work to be done. In particular we have committed to make sure that our officers are taking an individual approach to each case when planning visits and assessing when the best time to visit a family should be.

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Deportation (statistics)
Home Department
Written answers and statements, 16 September 2010

Jackie Doyle-Price (Thurrock, Conservative)
To ask the Secretary of State for the Home Department how many individuals of each country of origin were deported from the UK in each of the last 12 months.

Hansard source (Citation: HC Deb, 16 September 2010, c1214W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The table showing the number of removals and voluntary departures from the United Kingdom, by country of nationality from July 2009 to June 2010 will be placed in the Library of the House.

The Home Office publishes statistics on the number of persons removed or departed voluntarily from the UK on a quarterly and annual basis. These publications are available from the Library of the House and from the Home Office’s Research, Development and Statistics website at:

http://www.homeoffice.gov.uk/rds/immigration-asylum-stats.html

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Immigration (number of MP interventions)
Home Department
Written answers and statements, 16 September 2010

Chris Ruane (Vale of Clwyd, Labour)
To ask the Secretary of State for the Home Department in how many immigration cases her Department recorded intercession by an hon. Member in 2009-10.

Hansard source (Citation: HC Deb, 16 September 2010, c1214W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The UK Border Agency do not keep statistics of the volume of correspondence from MPs that leads to intervention and any attempt to capture this information could be obtained only by the detailed examination of individual case records at disproportionate cost.

However, in the year 2009 the UK Border Agency received 66,320 inquiries by letter or email, and 25,322 inquiries by telephone, a total of 91,642 inquires from Members of Parliament.

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Immigration Controls: English Language (and human rights)
Home Department
Written answers and statements, 16 September 2010

Alan Johnson (Kingston upon Hull West and Hessle, Labour)
To ask the Secretary of State for the Home Department what steps were taken to ensure that the new English language requirements for spouses joining British nationals are compatible with the relevant provisions of (a) section 8 of the Human Rights Act 1998 and (b) the European Convention on Human Rights.

Hansard source (Citation: HC Deb, 16 September 2010, c1215W)

Theresa May (Home Secretary; Maidenhead, Conservative)
We have taken appropriate steps in the development of the proposed new language requirements for spouses and partners to take into account the European Convention on Human Rights and in particular article eight (the right to respect for private and family life) of the convention.

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Asylum (Azure cards)
Home Department
Written answers and statements, 16 September 2010

James Wharton (Stockton South, Conservative)
To ask the Secretary of State for the Home Department what assessment has been made of the effects on those awaiting asylum application determination of the requirement to use the Azure card system as a means of payment for goods and services.

Hansard source (Citation: HC Deb, 16 September 2010, c1213W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The UK Border Agency maintains a clear distinction between the two support regimes provided to asylum seekers awaiting a determination and failed asylum seekers who have exhausted the asylum process.

Destitute asylum seekers still awaiting a determination on their asylum claim are eligible to receive cash support under section 95 of the Immigration and Asylum Act 1999. All asylum seekers whose applications have been fully determined and have exhausted their appeal rights are required to leave the UK as soon as possible. Those failed asylum seekers who are destitute and unable to leave the UK immediately due to circumstances beyond their control are provided with more restrictive cashless support under section four of the 1999 Act. It is section 4 for which the Azure card is provided.

The system of section 4 support is integral to the maintenance of a fair and consistent system of immigration control. The limitations on section 4 support reflects its temporary nature, and are necessary to avoid creating an incentive for failed asylum seekers to remain in the UK and placing additional pressure on limited public funds.

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Prisoners: Foreigners
Justice
Written answers and statements, 16 September 2010

John Stevenson (Carlisle, Conservative)
To ask the Secretary of State for Justice what steps his Department is taking to monitor the number of foreign nationals in UK prisons; and what changes there have been in the number of such prisoners in the last two years.

Hansard source (Citation: HC Deb, 16 September 2010, c1204W)

Crispin Blunt (Parliamentary Under Secretary of State (Prisons and Probation), Justice; Reigate, Conservative)
The National Offender Management Service (NOMS) and UKBA work closely together to ensure that those foreign national prisoners who have no right to remain in the UK are removed at the earliest opportunity. In 2009 NOMS and UKBA concluded a Service Level Agreement aimed primarily at better managing the number of time served foreign national prisoners (or immigration detainees) in prison and focused on improving the process for the management and removal of foreign national prisoners who met the criteria for deportation. A major element of this Service Level Agreement was the concentration of these prisoners within the male, category C estate. Foreign national prisoners with more than three months but less than three years to serve are allocated, where possible, to designated hub and spoke prisons.

The main aim of this policy is to improve joint working throughout the removals process by embedding UKBA staff in “hub” prisons, who in turn service “spoke” prisons. Reducing the number of prisons with small FNP populations allows for more effective case-working of the identified group by UKBA and creates centres of expertise in the prison system for managing those foreign national prisoners who are most likely to be removed. Prisoners also benefit from improved information and access to UKBA, as well as earlier resolution of their cases.

In June 2008, the number of foreign national prisoners held in England and Wales stood at 11,498 (14% of the prison population). In June 2010, the number had fallen to 11,135 (13%). During the same period the total prison population rose from 83,194 to 85,002.

The management of foreign national prisoners in Scotland and in Northern Ireland is a matter for the relevant devolved administration.

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Asylum (Case Resolution/”Legacy” update)
Home Department
Written answers and statements, 15 September 2010

Richard Fuller (Bedford, Conservative)
To ask the Secretary of State for the Home Department how many asylum seekers there are from each country of origin whose cases (a) were pending at the inception of the legacy cases scheme and (b) are still awaiting processing under that scheme.

Hansard source (Citation: HC Deb, 15 September 2010, c1071W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The UK Border Agency is unable to accurately report on the initial or outstanding volume of asylum cases being dealt with by the Case Resolution Directorate (CRD) by nationality. As reported in July 2010 to the Home Affairs Select Committee, 50% of the concluded cases were data errors and required no further or any administrative action. Therefore, any such report would be unable to accurately represent CRD cases by nationality.

The agency will be reporting on its current performance in clearing the backlog in the autumn. I am confident CRD are on track to clear the backlog of older asylum cases by summer 2011 or earlier.

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Asylum: Pakistan (human rights situation for women)
Home Department
Written answers and statements, 15 September 2010

Bridget Phillipson (Houghton and Sunderland South, Labour)
To ask the Secretary of State for the Home Department whether an assessment of the human rights situation for women in Pakistan is made when determining asylum applications from such women.

Hansard source (Citation: HC Deb, 15 September 2010, c1072W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The UK Border Agency’s Country of Origin Information (COI) Service produces COI reports focusing on the main human rights issues in countries that generate the most asylum claims in the UK. Each country report has a specific section which covers issues affecting women, including Pakistan.

All asylum and Human Rights claims, including those from Pakistan, are carefully considered on their individual merits in accordance with our obligations under the 1951 UN refugee convention and the European convention on human rights (ECHR) against the background of the latest available country information.

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Asylum: Pakistan (women seeking asylum)
Home Department
Written answers and statements, 15 September 2010

Bridget Phillipson (Houghton and Sunderland South, Labour)
To ask the Secretary of State for the Home Department how many women from Pakistan have applied for asylum in the UK in each year since 2000; and how many such applications were (a) granted and (b) refused.

Hansard source (Citation: HC Deb, 15 September 2010, c1071W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The accompanying table shows the number of asylum applications from female nationals of Pakistan and initial decisions broken down by grants of asylum, grants of exceptional leave to remain (ELR), humanitarian protection (HP) and discretionary leave (DL) and refusals between 2001 and 2009 (figures for 2000 are not available). Figures only include initial decisions on asylum applications and exclude all subsequent decisions. Figures on initial decisions are shown by year of decision; initial decisions by year of application are not available.

Information on asylum is published annually and quarterly in the Control of Immigration: Statistics United Kingdom bulletin which is available from the Library of the House and from the Home Office Research, Development and Statistics Directorate website at:

http://www.homeoffice.gov.uk/rds/immigration-asylum-stats.html

tables here

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Zimbabwe
Oral Answers to Questions — Foreign and Commonwealth Office
House of Commons debates, 14 September 2010

Keith Vaz (Leicester East, Labour)
Given the critical situation in Zimbabwe, does it remain the Government’s policy that Zimbabwean citizens who have claimed asylum here will be removed to Zimbabwe?

Henry Bellingham (Parliamentary Under Secretary of State (Africa and the United Nations), Foreign and Commonwealth Office; North West Norfolk, Conservative)
The UK Border Agency is looking to start work on a process aimed at normalising our returns policy to Zimbabwe as and when the political situation develops. However, we are not starting enforced returns yet by any means.

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Asylum: Deportation
Home Department
Written answers and statements, 14 September 2010

Pete Wishart (Perth and North Perthshire, Scottish National Party)
To ask the Secretary of State for the Home Department

(1) what the rate of deportations of (a) failed asylum seekers and (b) illegal immigrants by the UK Border Agency was in each of the last 12 months;

(2) what the rate of deportations of children of (a) failed asylum seekers and (b) illegal immigrants has been in each of the last 12 months.

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
We have interpreted “deportations” to mean “removals” and “illegal immigrants” to mean “non asylum offenders”.

We have interpreted children to mean a dependant of a main applicant who is under 18 so have not included figures in relation to unaccompanied asylum seeking children.

Table 1 shows the latest published statistics for asylum cases and non asylum cases removed from the UK in each month during the period July 2009 to June 2010.

Table 2 shows internal management information for the number of dependants (under 18) of failed asylum seekers and non-asylum offenders that were removed from the UK in each month during the period July 2009 to June 2010.

Link for tables here

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Asylum: Deportation (families)
Home Department
Written answers and statements, 14 September 2010

Alan Johnson (Kingston upon Hull West and Hessle, Labour)
To ask the Secretary of State for the Home Department what discussions she has had with the UK Border Agency on the effect on (a) the management of deportation of families seeking asylum and (b) the number of deportations of the decision no longer to detain families scheduled for deportation.

Hansard source (Citation: HC Deb, 14 September 2010, c906W)

Theresa May (Home Secretary; Maidenhead, Conservative)
The Government are committed to ending the detention of children for immigration purposes. I am having ongoing discussions with the UK Border Agency about how this can be achieved in a way which promotes the welfare of children while ensuring the return of families who have no right to be in the UK.

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Human Trafficking: Convictions
Home Department
Written answers and statements, 13 September 2010

Dominic Raab (Esher and Walton, Conservative)
To ask the Secretary of State for the Home Department how many convictions there have been for offences of human trafficking and forced labour under the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 in (a) 2009 and (b) 2010.

Hansard source (Citation: HC Deb, 13 September 2010, c882W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
Statistics held by the UK Human Trafficking Centre show that at 31 July there have been two convictions for trafficking for forced labour in 2009 and three convictions for conspiracy to traffic for forced labour in 2010.

There are 41 cases still pending that arise from arrests of in 2009 and 2010.

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Detention Centres: Restraint Techniques (children)
Home Department
Written answers and statements, 13 September 2010

Caroline Lucas (Brighton, Pavilion, Green)
To ask the Secretary of State for the Home Department whether (a) staff in immigration detention centres and (b) UK Border Agency escort providers are authorised to use the holds and techniques set out in the Physical Control in Care Manual on children under the age of 18.

Hansard source (Citation: HC Deb, 13 September 2010, c879W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
The welfare of children in the care of the UK Border Agency is taken very seriously and in accordance with section 55 of the Borders, Citizenship and Immigration Act, which requires all UK Border Agency staff and contractors to carry out their functions with regard to safeguarding and promoting the welfare of children.

Staff in immigration removal centres (IRCs) and UK Border Agency escort providers are authorised and trained to use the holds and techniques set out in the Physical Control in Care (PCC) manual on children under the age of 18.

Only those staff employed to work in IRCs where persons under 18 years of age may be detained and escort providers used to escort children under the age of 18 are trained and accredited to use PCC.

The use of restraint on children is very rare in the immigration detention estate and during escort, and is normally restricted to prevent self-harm, injury to others or damage to property.

The Government have made clear their commitment to end the detention of children and continues to work with their corporate partners to find an alternative that protects the welfare of children, without undermining UK immigration laws.

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Detention Centres: Restraint Techniques
Home Department
Written answers and statements, 13 September 2010

Caroline Lucas (Brighton, Pavilion, Green)
To ask the Secretary of State for the Home Department what training on the control and restraint of adults over the age of 18 (a) each of the immigration detention centres and (b) each company contracted to provide UK Border Agency escorts has purchased in each of the last five years; and from what sources such training was purchased.

Hansard source (Citation: HC Deb, 13 September 2010, c879W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
Detention custody officers employed in all immigration removal centres or as escorts are trained in the use of force by control and restraint instructors.

The control and restraint instructors are trained and annually accredited by instructors from the National Offenders Management Service (NOMS).

The UK Border Agency purchases the training from NOMS; individual contract values are commercially confidential and releasing these figures may prejudice the commercial interest of the agency and its suppliers.

The use of restraint is only ever used as a last resort to prevent a person from harming themselves, others or property or to ensure he or she complies with a reasonable requirement, including one to leave the UK. Its use must be justified and proportionate, and reported to the relevant UK Border Agency contract monitor.

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Detainees: Children (pilot schemes)
Home Department
Written answers and statements, 13 September 2010

Pete Wishart (Perth and North Perthshire, Scottish National Party)
To ask the Secretary of State for the Home Department what pilot schemes the UK Border Agency has introduced as part of the review of alternatives to child detention.

Hansard source (Citation: HC Deb, 13 September 2010, c878W)

Damian Green (Minister of State (Immigration), Home Office; Ashford, Conservative)
Following the Home Secretary’s commitment to end the detention of children for immigration purposes the UK Border Agency is working to establish more effective ways of managing family returns without the need for detention in immigration removal centres. Through a new approach to families, the UK Border Agency is seeking to encourage greater compliance and increase the number of families who choose to return voluntarily. The new process is designed to give families every opportunity to comply with return and empower them to make their own preparations for departure.

Two pilots are currently being conducted to develop and refine the new family returns process, one in the North West of England and one in London. Additionally, UK Border Agency enforcement teams across the country are changing the way they work in every family case to ensure that every effort is made to secure the departure of illegal migrant families without detention.