Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what is their definition of (1) a refugee, and (2) a migrant; and what are the practical consequences of the distinction between them.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Refugee status is granted when an individual has a well-founded fear of persecution under the Refugee Convention. Those who are not in need of protection are required to leave the UK or apply for leave to remain on another basis.
Paragraph 334 of the Immigration Rules sets out the circumstances in which an asylum applicant will be granted Refugee Status in the UK. 334(ii) confirms that an individual must be a refugee as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006.
The 2006 Regulations refer to individuals who fall within Article 1(A) of the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 and the New York Protocol of 31 January 1967 and to whom regulation 7 (Exclusion) does not apply.
The Nationality and Borders Bill is aiming to make the definition of a refugee even clearer, improving the consistency of decisions across all decision makers (including the Courts).
The conditions of refugee leave which a person will be granted if they qualify for refugee status under the Immigration Rules is broadly five years’ limited leave, access to the labour market and welfare support, and a route to apply for settlement after five years.
The term migrant is not routinely used in legislation – it is more common to refer to “a person subject to immigration control”. The Nationality, Immigration and Asylum Act 2002A does include a definition of a migrant for the purposes of section 59(3)(a) being “a person who leaves the country where he lives hoping to settle in another country (whether or not he is a refugee within the meaning of any international Convention)”. However, that definition is used in a specific context and not more broadly in terms of legislation.
In practical terms, an individual subject to immigration control requires specific permission to stay in the UK and will usually be subject to conditions attached to that permission. These conditions vary depending on the type of leave for which an individual applies.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what steps they are taking to ensure that visa applications from COP26 attendees are dealt with efficiently.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office is working closely with Cabinet Office, the United Nations Framework Convention on Climate Change (UNFCCC) and other government departments on preparations for welcoming participants to COP 26.
The Home Office has provided the UNFCCC with information on the visa application process and will be supplying event specific guidance in the upcoming months.
Arrangements are in progress to ensure entry clearance staff will be able to cross reference applications with the UNFCCC to confirm invitations of those registered to attend the event along with an escalation process.