Immigration Bill

Jack Straw Excerpts

Tuesday 22nd October 2013 Commons Chamber

[Mrs May]

No, I have been very generous in giving way. Let me say to Labour Members and to the hon. Member for Brighton, Pavilion (Caroline Lucas) that one of the problems we have seen in some family visit appeals in the past—this is why we removed the family visit appeal process—is that people have introduced new information into the appeals mechanism in the time since the original decision. That means that the decision in an appeal that is won is not necessarily based on the original case but may be based on the case put forward on appeal, which may be different. The hon. Lady needs to be careful when she quotes figures.

[Mr Jack Straw (Blackburn) (Lab)]

rose—

[Mrs May]

I give way to the former Home Secretary.

[Mr Straw]

May I correct the right hon. Lady on one thing? Long experience tells me that the tribunals do not accept information that has come in after the original application was made; it would sometimes be better if they did. We are all interested in streamlining the system. However, given the very high number of decisions on appeal that overturn the original decisions by the Home Office or the immigration officials abroad, what guarantee can she offer that the quality of the reviews that will now be undertaken by Home Office officials as an alternative to appeals will be subject to proper supervision? In my experience, when we had those reviews before we often got poor-quality decision making and people within the Department saying, “Oh well, if so and so has already said no, I’m going to say no too.” If that happens we end up with more judicial reviews.

[Mrs May]

First, tribunals do accept, and have been accepting—we have seen examples of this—information that has come forward after the original application was made prior to the appeal. The figures that the hon. Member for Brighton, Pavilion quoted related to family visit appeals. We have already removed the ability to appeal on a family visit visa. It takes less time and is slightly cheaper for people to reapply and, if they have further information, to put it into the appeals mechanism. Of course, we need to ensure that the system is operating properly, and we will be looking to ensure that, through the operation of the ability to challenge administrative error, we ensure that people are making decisions fairly on the basis of the decision that is put in front of them.