Student Visas

Jeremy Corbyn Excerpts

Thursday 6th June 2013 Commons Chamber

[Mr Bailey]

I thank the hon. Gentleman for his intervention, although he has taken half my next point. Perhaps he made it considerably better than I would.

[Jeremy Corbyn (Islington North) (Lab)]

Will my hon. Friend give way?

[Mr Bailey]

Very quickly, but I have already taken a lot of interventions.

[Jeremy Corbyn]

I appreciate that, and I am grateful to my hon. Friend. He will be aware that I represent the constituency that includes London Metropolitan university. Although things have moved on a long way and some overseas students are now being recruited, will he express regret about how that university has been treated and the damage that was done to Britain’s international reputation by the Home Office’s handling of the situation?

[Mr Bailey]

Whatever the case for taking action there, the way that it was handled has undoubtedly had considerable adverse repercussions abroad. Perhaps the case needs to be examined to see whether similar problems that may emerge in future can be dealt with in a less damaging way.

We have a superb industry and there is a huge and increasing global demand for its product. It is estimated that 4.1 million students are studying in different countries from their home countries and that that figure will rise to 7 million by 2020. We have top-class universities and an expanding market of people who want to come here, and we must capitalise on that.

The Government have claimed that their visa policy is working because, according to the figures, there has been a marginal increase in the number of international students applying to come to British universities in the past year. In reality, there are considerable fluctuations, with an increase in numbers coming from China offsetting a huge fall of 25% in those coming from India. I have to say that Universities UK disputes some of these figures, but I do not want to get drawn into a debate between the Government and Universities UK. Everybody recognises that at a time when there is huge and growing demand, Britain is, at best, flatlining in terms of the number of recruits it is getting. In fact, Britain’s share of this expanding market has dropped from 10.8% to 9.9%. A shareholder of a company that had a fantastic product and an expanding market would not be very happy with its management if it were taking a declining share of that market.

The crucial significance of that was highlighted by the hon. Member for Beckenham (Bob Stewart). It is not only about the immediate benefit but the long-term trading relationships that build up as a result. In the west midlands, we see that with the Tata brothers and their investment in Jaguar Land Rover, and with Lord Paul and his investment in schools and companies. There is a tremendous potential as regards the immeasurable contribution that will be made due to foreign students studying here.

This comes at a time when universities are struggling for finance; they recognise that in these hard times they cannot be exempt. Recruitment of international students presents an opportunity for them to bring in extra money that unfortunately they cannot get from the Government because of the current financial problems. My local university, Wolverhampton, currently recruits 800 international students each year, but it estimates that with a fair and consistent visa process it could take another 500 a year from India and Sri Lanka alone. If they contribute £10,000 a year, which is a fairly minimal estimate, that would amount to £5 million more a year going into the local university and, above all, into the black country economy. I think that that situation would be reflected in other universities that I have spoken to.

Earlier I mentioned the credibility test, which is undoubtedly one of the major problems. It is not only a regulatory problem but a process problem. One prospective Wolverhampton university student was rejected on the grounds that the amount of money he would spend in this country meant that he could get the same course at a domestic university in his own country. Imagine that happening in any other industry: if somebody told Jaguar, “You can’t export a Jaguar, because people can afford to buy one that’s made in their own country,” we would be up in arms and dancing in rage. In this case, however, nothing is said.

--- Later in debate ---

[Nadhim Zahawi]

The hon. Gentleman is quite right.

We can do three things to solve this problem. First, we must continue to come down hard on immigration fraud. The Government are right to deal robustly with those who abuse the student route. The fact that we have closed down more than 500 bogus colleges since the election shows how easy it has been to exploit the student visa system in recent years. If we want to carry the public with us, it is vital to maintain public confidence in the integrity of our immigration system.

[Jeremy Corbyn]

I understand the point that the hon. Gentleman is making about bogus colleges, but does he have sympathy for the students who applied to enter this country to study at those colleges and who have had a very bad time through no fault of their own because they were duped into a very bad system? The system has changed a bit, but should we not have a more humanitarian approach to those people who, after all, are victims?

[Nadhim Zahawi]

The hon. Gentleman is right to point out that innocents get caught out in those situations. The best way to deal with the problem is to close down the colleges that are abusing the system and the students. Indeed, I spoke about London Metropolitan university in his constituency earlier and the perception that there is the forced deportation of legitimate students from this country.

Secondly, we must be more intelligent about where the risks and the opportunities lie for us. I hope that Ministers will listen to this point carefully. In targeting tier 4 visas, the UK Border Agency already distinguishes between high and low-risk students. There are face-to-face interviews for students who are considered to be high risk.

In my opinion, that should work the other way around and we should give the red-carpet treatment to the kind of students we want to attract to our country. For example, female students from the Gulf states are likely to have lower English language proficiency and are more likely to want to bring their spouses and children with them. If we want to see reform in the Gulf states, those are exactly the kind of students we need to attract. However, under the current rules, their dependants are obliged to return home every six months to renew their visa, and after 11 months the student must do the same. In Australia, Canada and America, dependants can apply for a visa that covers the whole study period. We do not need to rewrite the rule book; we just need to have more common sense and flexibility where our national interests are concerned.

Finally, we need a cross-party consensus to neutralise the political fallout. No Government want to be accused of fiddling the figures, particularly on a policy area as combustible as immigration. We need to present a united front when standing up for British economic interests. That is why I am sharing a platform with my colleagues from the Labour party on this motion.

I came into politics to get politics out of the way of British businesses that want to grow. Elsewhere in the economy, the Government have done great things to cut red tape and unnecessary bureaucracy. We must extend the same freedoms and opportunities to our higher education sector. I commend the motion to the House.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Lab)]

I am pleased that we are having this debate, as it will enable us to draw attention to a number of issues relating to overseas students in this country. We should start from the premise that the students who come here to study and work are a big help to our economy, to local economies and to the experience of UK students in our higher education institutions.

London First, in calling for the removal of students from the UK migration target, states:

“Taking students out of the migration target would be the strongest positive message that the government could send out but, if this remains too politically difficult, then a more measured and consistent approach to addressing applications for visas would be a good first step.”

Many of us have met students in other countries who are considering coming to the UK to study, and discovered that they are put off by a number of factors. One is the complication and cost of applying for a visa, as well as the delays that often occur in that process. I know that the Minister is aware of those problems, and I look forward to hearing his response to this point. Those students are also put off by the image that has been created by the treatment of overseas students here.

I am not going to defend the bogus colleges that purported to teach the English language to people in London and other cities. They often short-changed their students, many of whom ended up as victims of a particularly nasty system. It is right to prosecute those who were perpetrating that fraud against those students, but we should have more sympathy with those genuine students who came here thinking that they were going to be taught English only to find that their college was a sham. They lost out, and some of them were deported even though they had done nothing wrong. Behind every statistic lies a human story, and we should look at the human story as well as the overall statistics when we deal with these issues.

The National Union of Students has pointed out in its advice on this debate that, following a perception study, 40% of respondents to an NUS survey of 909 international students carried out last year said that they would not advise a friend or relative from their home country to come to the UK to study. We cannot afford that perception to be spread abroad. This debate is therefore important, and the Minister’s response to it and the way in which he handles this issue are possibly even more important. It we want to remain a place to which students want to come, we will have to ensure that they are treated properly and that they are allowed to work at the end of their course, particularly if they pursued a semi-vocational or professional qualification. If they cannot complete a period of work at the end of their course, the prospect of studying here will be less attractive and the prospect of studying elsewhere will become more so. The UK loses out as a result.

As I said in a couple of interventions, I represent a constituency that includes London Metropolitan university, which has been put through the mill in media treatment and with funding problems like no other university in this country, so I would like to say a few things in its support. As a university, it is an amalgamation of many institutions, as most of them are, and it has given many people the huge opportunity to become the first in their family history to get into higher education. It has an unprecedented record of bringing in students from minority ethic communities and diverse backgrounds, and it should be applauded and complimented for that.

Although the name is relatively new, London Metropolitan university is an amalgamation of a number of local institutions in north-east London that started serving the community in 1848. It is not exactly a Johnny-come-lately, although of course the situation has changed a great deal. Two things have happened. First, the Higher Education Funding Council for England decided some years ago to fine the university a great deal of money, but after a lot of representations, that money is now being repaid and the university is coping with that.

Secondly, on 29 August last year, it had revoked its tier 4 licence and highly trusted status required to recruit non-European Economic Area students. That placed 2,000 international students at risk, including the current student union president and members of the student union executive. A survey done by the United Kingdom Border Agency claimed that there was a lack of attendance and monitoring, insufficient English language testing and overstaying of student visas. The students concerned were told that they had 60 days to find another institution or they would have to return to their own country. That resulted in a great deal of debate, including an urgent question in this Chamber and statements from the Government. The university sought High Court action against UKBA and was granted a hearing last September, when Mr Justice Irwin granted an order allowing all current international students to stay at the university until the end of the academic year 2013; judicial reviews are still continuing.

Since then, there has been a great deal of discussion and negotiation between UKBA and the university, and procedures have been put in place. My concern was that a lot of wholly innocent international students were put under a great deal of stress and pressure. The university was not allowed to recruit international students for the forthcoming academic year, and that obviously has an impact on the local economy and on the university itself. I hope that the Minister can provide us with some hope—if not here today, perhaps by correspondence—that the negotiations will result in the revocation of the original ban on recruitment and that a number of overseas students can be recruited in the forthcoming academic year.

I would be grateful if the Minister would answer some brief questions. A number of students who transferred to other institutions last September—nine months ago—still await a decision on their visa applications even though they were submitted in good time. Two additional cases, where students who completed their studies in February 2013 and put in applications for visa extensions, are still pending and have not been answered. That is a very long time to wait. In addition, there are many students who are no longer in contact with the London Met university, yet the Home Office was supposed to establish a casework team in Sheffield to deal with applications from both current and former students of London Met. I would be grateful if the Minister would explain exactly what has happened about that; is the Home Office still in touch with those students?

I want London Met to be a successful university. I want it to be able to recruit international students as it did before, and I want those students to benefit from the experience of living in north and east London while they are studying there. I also want to highlight all that they bring to the university and all that they—and, indeed, the local economy—gain from it. The damage done to the international reputation of higher education by the handling of London Met is pretty serious indeed, on top of all the other problems that the Select Committee has rightly pointed out. I hope that the Minister will be able to tell me how many students have actually been removed from the country as a result of the decisions concerning London Met.

The Home Office uses the words “probationary licence granted” for the restoration of tier 4 status, but there is nothing in legislation that talks about probationary licences. An institution either has tier 4 status grade A or a most-trusted status, which we obviously hope will be restored. I do not know where the word “probationary” comes from. Is a new point of law being introduced?

Finally, will the Minister provide assurances that the 20 London Met students who submitted passports nine months ago and who now wish to leave the country will receive an answer in the next 28 days? In all fairness, those students spent a great deal of money coming to this country, many of them are from poor families who scrimped and saved to send them here, and they had to go through a dreadful experience. We want to move on. We want international students back at the university and the university to be thriving and providing good-quality education. That is the message I want to give. Our local community benefits from that university, and it frequently benefits from the community when community events and many other things are held there. We want it to be a good place of learning. Every colleague who represents a constituency with a university or a higher education institution in it wants that for those institutions. It is up to the Minister to ensure that we continue to recruit overseas students and that they benefit from their learning experience in this country.

--- Later in debate ---

[Mr Harper]

I was referring to people who, as I have seen when we have removed them, have been in the UK for a decade or more, perpetually renewing a student visa and clearly making no progress. That is an abuse of the system. We were talking about that, not about trying to micromanage someone’s academic career.

Let me do something that I cannot always do and give some positive news to the hon. Member for Islington North (Jeremy Corbyn) about London Metropolitan university. I will not rehearse the past in great detail, but I have put a lot of work into this—it happened just about the time at which I was given this job and at which my right hon. Friend the Member for Ashford (Damian Green) became the Minister for Policing and Criminal Justice—and I am absolutely convinced that the UK Border Agency, as it was, took exactly the right decision to revoke London Metropolitan university’s sponsor licence. It was not fulfilling its responsibilities by any measure. Nobody in the sector has defended it and its behaviour was, I am afraid, well known.

The positive news, which shows that the system works, is that we have worked closely with London Metropolitan university and it has made significant improvements to its system and to the administration of how it delivers on its requirements. It has now been awarded an A-rated sponsor licence, which means it can sponsor international students, and it has 12 months to build up a track record and apply again for highly trusted sponsor status. That is very positive. The Home Office has worked very closely with the university—[Interruption.] I think the hon. Member for Rhondda is asking how many students there are. The university can recruit only 15% of the number it could originally have while it is an A-rated sponsor.

The hon. Member for Islington North asked me about this subject first. I do not have the specific details of all the students that were there and what has happened to them, but we have those data because we wrote to every single one. I will write to the hon. Gentleman, since the university is in his constituency, and I will put a copy of my reply in the Library—[Interruption.] I will also send a copy to the hon. Member for Rhondda and I will include the details of how many have left the country.

[Jeremy Corbyn]

I am grateful for that information and look forward to receiving the Minister’s letter. Does this mean that students who started their second year last September will now be able to complete the third year of a three-year degree course and that we are back on track towards getting highly trusted status restored in a year’s time?

[Mr Harper]

It might be more sensible if, rather than trying to answer a lot of specific questions, I set out the detail about the university when I write to the hon. Gentleman. As I said, I shall copy the letter to the hon. Member for Rhondda and will put it in the Library so that other Members can see it. The story is positive, as the university has started to deliver on its compliance requirements.

The Home Office is now working closely with universities and Universities UK on a co-regulation initiative to set out their responsibilities clearly for them. We have had a number of workshops with those universities and they have found that very helpful. I have certainly had positive feedback from UUK, the Russell Group and individual universities I have visited, and they have seen a change in their relationship with the Home Office. It is important that we continue to improve that and I have asked the Home Office to continue to do so.

Abu Qatada

Jeremy Corbyn Excerpts

Wednesday 24th April 2013 Commons Chamber

[Mrs May]

As I have made clear both in the Chamber and outside it, I believe that we need to think about our relationship with the European convention on human rights and European Court of Human Rights. I believe that while we are members of the convention and subject to the Court, we should abide by the rule of law—that is what people would expect the Government to do—but I also believe that we need to change the relationship, and that everything should be on the table in that regard.

[Jeremy Corbyn (Islington North) (Lab)]

Does the Home Secretary recognise that the influence of the European convention on human rights over many years has been beneficial in outlawing questioning under torture and protecting the human rights of many people throughout Europe, including people in this country? Does she also recognise that persuading Jordan to accept a non-torture clause in the putative treaty that she has presented to the House was a product of the values of the European convention? Is it not the case that we should be talking not about leaving it, but about extending the values contained in it to the rest of the world if we can possibly do so?

[Mrs May]

The European convention was signed for a particular purpose. Over the years, the European Court has itself interpreted the convention in particular ways, and I believe that when it raised the issue of Abu Qatada and article 6, it moved the goalposts.

The hon. Gentleman mentioned torture in connection with Jordan and the agreement that has been signed. I remind him that the Jordanian Government themselves changed their constitution to outlaw torture. The case of Abu Qatada went before SIAC, and SIAC reached the judgment that it did, because the case law had not been tested at that stage. The Jordanian Government themselves took the step of outlawing torture, and I think that we should congratulate them on the changes that they have already made in their legal system.

Justice and Security Bill [Lords]

Jeremy Corbyn Excerpts

Thursday 7th March 2013 Commons Chamber

[Sir Menzies Campbell]

It is a procedure that already exists in our law. If my hon. Friend is concerned about the universal application of the principle, that argument was lost some time ago.

[Jeremy Corbyn (Islington North) (Lab)]

Yes, that argument was lost a long time ago, but is that a reason to pass the Bill into law when it makes the situation worse? Once again, it suggests that the view of Parliament is that somehow it is okay to go through a judicial process in which the defendant is not fully aware of the case against them and in which the public is totally unaware of the issue. It sets a dangerous precedent to have any avoidable secrecy in the judicial system.

[Sir Menzies Campbell]

Since the hon. Gentleman puts the point that way, let us turn it around and ask what he would do. Would he have elements of the conduct and the sources of the security services—sensitive, and perhaps at great risk to those who provide human intelligence—exposed in our courts? That seems to me the only possible alternative, or else, as has been suggested, we simply say there is a financial cost to be borne and we will settle any case that may have the consequence of causing such sensitive information to be revealed. That is not justice, as I understand it. That is the failure of the judicial system to reflect the reality of the proceedings which are brought before us.

--- Later in debate ---

[Jeremy Corbyn]

Thank you, Mr Deputy Speaker. I think you are asking me to be very brief.

[Mr Deputy Speaker]

I am suggesting that you split the time limit.

[Jeremy Corbyn]

Oh, you are asking me to do maths as well. I will be extremely brief.

I have no quarrel with the right hon. and learned Member for North East Fife (Sir Menzies Campbell) in respect of his sincerity, honesty or support for human rights or how he put his case today. I disagree with his final point, but I have no quarrel with the judgment he reached or why he reached it, because I have observed him and his general approach to human rights in the House for a long time. When I say that I do not agree with him, it is not out of anger; it is out of sorrow. I am sure that in the next five minutes he will change his mind and take a different approach, or perhaps he will not.

My hon. Friend the Member for Walsall North (Mr Winnick) put it well when he said that the House has to make decisions on important issues of human rights, liberty, the rule of law and the role of Parliament. Successively over the past 30 years, and even before that, we have enshrined in law on many occasions various forms of secrecy, denials of justice and denials of evidence, and people have been wrongly prosecuted as a result. There is a litany of miscarriages of justice that many Members of this House have been involved in over many years, most of which have centred on withholding evidence, secrecy or, in some cases, confessional evidence.

Since 2001, there has been a significant game change. Draconian anti-terror laws have been introduced in this country and many others. As a result, the most grotesque miscarriages of justice have taken place, including Guantanamo Bay and extraordinary rendition. All the legislation has been enshrined on the basis that we have to protect the security services and prevent what they do from seeing the light of day.

As I understand it, the Government’s position is that they cannot defend cases where there has been British involvement with other security services in the abuse of human rights when the individuals involved seek restitution in the British courts because it would mean identifying where their evidence came from. They have therefore paid out millions of pounds. Instead of admitting that we have been a party to human rights abuses, we are passing legislation to bring a new process into law.

I understand the point made by the hon. Member for Cambridge (Dr Huppert), when he said that the Bill is not as bad as when it started its journey. My hon. Friend the Member for Aberavon (Dr Francis), the Chair of the Joint Committee on Human Rights, has done a lot of good work to improve the Bill, as he has for many other pieces of legislation.

However, I feel that the Bill sends out the wrong message. We should have had a debate and a vote on the removal of part 2 on Monday. It is regrettable that we did not. I am opposed to the Bill because I do not like the secrecy or the protection of those who commit human rights abuses, whether they be in the pay of this state, another state or somebody else. The use of open courts and criminal law where appropriate is far more satisfactory. I therefore register my dissent against the Bill.

[John McDonnell (Hayes and Harlington) (Lab)]

I am sorry to intervene late in my hon. Friend’s speech. Not only did we not vote on part 2; we did not even reach the provisions on Norwich Pharmacal. That means that a foreign power can now determine whether a British court can expose wrongdoings that take place under the auspices of that foreign power.

[Jeremy Corbyn]

My hon. Friend makes a strong point and it is well put. The relationship with other security services appears to take precedence over rights, independence and justice in this country.

For the reasons I have given and for many others that would take up too much time, I have grave concerns about the Bill. We have a duty as parliamentarians to defend human rights and liberty, and not to cover up injustice and wrongdoing, which this Bill could end up doing.

Oral Answers to Questions

Jeremy Corbyn Excerpts

Monday 7th January 2013 Commons Chamber

[Mr Harper]

No, that is not what we are doing. We want to attract the best and brightest students to the United Kingdom. However, we want to combine that with dealing with the education providers that in the past were not providing education but were in effect selling immigration permits. We have dealt with the abuse and will continue to do so, but we want students from around the world to come here to use our excellent universities. The latest figures show that those numbers are up.

[Jeremy Corbyn (Islington North) (Lab)]

The Minister will be well aware that London Metropolitan university has been affected by a decision that the UK Border Agency made last year. I understand that discussions are going on between the UKBA and the university with a view to seeing whether a system can be brought into place so that tier 4 status can be returned. May I urge the Minister to interest himself in that, to ensure that we get good overseas students into this country and benefiting from higher education here?

[Mr Harper]

The hon. Gentleman raises the case of London Metropolitan university, and he will know that it was not carrying out its responsibilities as a tier 4 highly trusted sponsor, which was why its licence was revoked. He will know that the Government put in place a taskforce to ensure that all the legitimate students were able either to transfer to another education provider and stay in the country or to finish their course at London Metropolitan university. They were all written to last Friday, so they should all shortly be aware of their status in the coming months.

Oral Answers to Questions

Jeremy Corbyn Excerpts

Monday 19th November 2012 Commons Chamber

[Mr Harper]

I very much agree with my hon. Friend. The point of having student visas is to allow students to come here to study, not to work illegally. We have a very good offer for our higher education sector; students can come here, study and take up work appropriately, and then come here after their studies for post-study work. It is a very good offer. Our good universities should have no trouble converting it into attracting students and saying that they are very much open for business.

[Jeremy Corbyn (Islington North) (Lab)]

Will the Minister take this opportunity to wish the international students at London Metropolitan university all the best for their continuing studies there and assure those who have been given one year that they will indeed be allowed to complete the totality of their degree course? Will he confirm that he is having discussions with the university to allow it once more to recruit international students to what is an excellent course of study offered by it?

[Mr Harper]

The hon. Gentleman will know that London Metropolitan university did not carry out the obligations it was supposed to under its sponsor licence, yet it was given plenty of notice to do so. He will also know that the legitimate students who were here appropriately have been given the opportunity to stay either to the end of their course or to the end of the academic year. They have all been written to, and all had the opportunity to reply. UKBA is working closely with the university to make sure that those legitimate students are properly protected.

Abu Qatada

Jeremy Corbyn Excerpts

Monday 12th November 2012 Commons Chamber

[Mrs May]

I thank my hon. Friend for that contribution. With his legal background, I am sure he will have cast his eye over the judgment to reach exactly the point he made. We feel that there is an opportunity to appeal and that there are points of law on which we can appeal. That is why we will be seeking leave to appeal to the Court of Appeal with the strongest possible case we can put forward.

[Jeremy Corbyn (Islington North) (Lab)]

Clearly, the use of torture is illegal in Britain and the use of evidence obtained under torture is similarly illegal in this country. Does the Home Secretary not think that we would all be much better served if other countries, including Jordan, signed up to the UN convention against torture, which would make it illegal for them to use torture or any evidence obtained under it from any other jurisdiction? Until that day comes about, it is going to be difficult to deport people from European jurisdictions to those that have not signed up to the UN convention.

[Mrs May]

The whole point is that Jordan has made torture illegal. It has been illegal since 2006, and the country specifically changed its constitution last year to make it clear not only that torture was forbidden, but that

“any statement extracted from a person under duress…or the threat thereof shall neither be taken into consideration or relied on.”

That is from article 8.2 of the Jordanian constitution. Part of the issue in Justice Mitting’s judgment today is that that constitutional change took place last year; there is no case law that shows the operation of that constitutional change.

Extradition

Jeremy Corbyn Excerpts

Tuesday 16th October 2012 Commons Chamber

[Mrs May]

The Attorney-General has just said that they have to be. Any legislation that I bring before the House I have to sign to say that it is indeed compatible.

[Jeremy Corbyn (Islington North) (Lab)]

I commend the Home Secretary for her welcome decision on Gary McKinnon and all those who campaigned for so long for this justice.

In answer to the hon. Member for Brighton, Pavilion (Caroline Lucas), the Home Secretary referred to the case of Babar Ahmad and Talha Ahsan. They have been deported to the USA, they faced no prosecution in this country and they were in prison for a long time in this country. Under the new procedures that she envisages, could such a deportation take place in the future? Does she not accept that their case is materially different from those who were deported at that time and that we should have some respect for the fact that they were never prosecuted in this country yet they are now being prosecuted in the USA?

[Mrs May]

The cases that the hon. Gentleman raises were considered through a series of proceedings in the courts in the United Kingdom and by the European Court of Human Rights. All those courts determined that it was perfectly appropriate for those individuals to be extradited to the United States.

London Metropolitan University

Jeremy Corbyn Excerpts

Monday 3rd September 2012 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the decision by the UK Border Agency to remove tier 4 sponsorship status from London Metropolitan university.

[The Minister for Immigration (Damian Green)]

The UK Border Agency has been working closely and continually with London Metropolitan university since March to address its systemic issues. In the most recent audit, the UKBA found concerns in three specific areas: students studying without permission to be in this country, how international students are recruited and the attendance monitoring of students. In those circumstances, allowing London Met to continue to sponsor and teach international students was not an option.

Institutions must comply with the rules, whether they sponsor 10, 100 or 1,000 international students. That includes having a system to check that students have the right visas to study in the UK, and monitoring the attendance of students. Universities must ensure that students can speak English and have the right qualifications to study at degree level. The UKBA found systemic failures that meant that London Met had not been able to ensure the appropriate admission and tracking of students from abroad.

We understand that genuine international students at London Met will be concerned. That is why a taskforce has been created, which includes the Higher Education Funding Council for England, Universities UK, the Department for Business, Innovation and Skills, the UK Border Agency and the National Union of Students. The taskforce is working with London Metropolitan university to help genuine, appropriately qualified students find another education provider to sponsor them. Three UKBA staff are currently based in a help centre set up by London Met to support and advise students.

The UK Border Agency will contact students of revoked institutions when they curtail their leave. It is only when students have their leave curtailed that they will have 60 days to find a new institution or leave the country. This 60-day period does not begin when the institution is revoked. UKBA recognises the unique situation with London Metropolitan university and will not begin writing to students to curtail their leave until 1 October.

But let us be clear: these particular problems have been identified at one university, not the whole sector. The Government recognise the important contribution that international students make to the UK’s economy, and to making British universities among the best in the world. Britain is and will remain a top-class destination for top-class international students.

Education providers have to meet strict standards, ensuring that they provide high-quality education, and take their immigration responsibilities seriously. I am sure that the House agrees that enforcing these strict standards is an important role for UKBA, and a vital part of restoring confidence in our immigration system.

[Jeremy Corbyn]

It is interesting that the Minister put no figures whatever on the number of students at London Met university who have apparently not fulfilled UKBA’s requirements. One can only begin to get the impression that the Government want to pick on a university that has done good work in assisting overseas students as well as helping a lot of people into higher education who would not otherwise have had that chance.

The Minister wrote to me at the weekend and said:

“Those students however who are already attending the University and who have valid leave to remain do not have to do anything immediately.”

That is a strangely complacent answer to give the 2,600 students at London Met university who paid good money to study hard in order to achieve qualifications to go home. If they cannot find another university, are unable to complete their courses and subsequently deported, what impression will their home country have of Britain? What attitude will those countries have towards this country in future when, through no fault of their own, students have been denied the right to complete a course for which they paid a great deal of money? The image that that presents around the world is appalling—it suggests that overseas students may well be deported from this country because of a decision made by the UK Border Agency without its providing any detail about the basis of it.

Why cannot the Government do a couple of things? First, they should allow the 2,600 students to complete their courses at London Met university rather than have to try to find somewhere at the beginning of September when courses are starting in a few weeks. Secondly, they should work with the university to ensure that if things have gone wrong, they can be put right because the same thing could happen at any other college or university. One gets the impression that the decision to try to crack down on bogus English language schools some years ago—and no one has any time for bogus language schools—has been transferred to the higher education sector.

Almost a third of London Met university’s income comes from overseas students. The same figures apply to many other higher education institutions. The decision throws into jeopardy the very future of that university and damages the image of British higher education around the world. Every university in this country has cause for concern about UKBA’s decision. I ask the Minister please to think again, reverse the decision, allow those students to complete their courses and the university to continue to recruit overseas students after the systems have been put in place to ensure that the law is correctly followed. That would support Britain’s higher education sector. Instead, the Government have chosen to attack it, attacking every university and college in the process. I ask them please to change their mind.

[Damian Green]

The hon. Gentleman asks for some figures, so let me give him some from the samples considered by UKBA. Some 101 students whose visas had already been refused were selected. Of those who had no right to be in this country studying, 25% were studying at London Metropolitan university. A wider sample was taken of two separate random groups of 300 students—600 students. More than 60% of students were involved in one or other of the problems that I identified in my answer to the hon. Gentleman’s original question. It was not a small, isolated number of students; the sampling showed significant systemic problems throughout. The hon. Gentleman appeals for all the students concerned to be allowed to carry on studying in this country, but he cannot seriously believe that someone who has no right to be here, is not educationally qualified and does not speak English to a level that enables them to benefit from a university course in this country, should be allowed to stay in this country.

The hon. Gentleman’s second main point was that the situation damages the university sector as a whole. What damages the university sector as a whole is when individual institutions do not meet their proper obligations under the immigration rules. For years, what has damaged confidence in the immigration system is that those rules have not been properly enforced. This Government are determined properly to enforce the rules set down by the House.

UK Border Agency

Jeremy Corbyn Excerpts

Wednesday 4th July 2012 Commons Chamber

[Pete Wishart]

Quite right—why are students considered immigrants? They are here for only a few years.

We face particular issues with students at university, and I hope that the House will bear with me, as I should like to try to explain what they are. We need to continue to be a centre of excellence in Scotland. We have three universities in the top 100 in ratings around the world. Today, we have heard about the Higgs boson, whose existence was proposed by Peter Higgs, an Edinburgh university professor, which shows the excellence of Scottish universities. Those places are centres of excellence because we can attract the best and brightest, and we need to continue to be able to do so. However, we cannot do so if the new immigration rules and UKBA policies are implemented—and for what end? Students do not have recourse to public funds. They pay fees and maintenance, and have minimal impact on public services.

The benefits that we see in Scotland are not just financial, significant as they are—international students contribute £500 million to our economy. We gain so much by working with and learning from students from hundreds of countries who enhance our education system, our distinctive culture and Scottish society. We want to be at the forefront of the international marketplace for ideas and imagination. We want to continue to attract the brightest and best overseas academic talent to help build a smarter, wealthier and fairer Scotland. We want to welcome talented people to live, learn, work and remain here, but the proposals by the UK Government send out entirely the wrong message. They are already being perceived negatively overseas, deterring prospective students from applying to study across the UK, and that is particularly so in Scotland.

UKBA is simply doing its job: making tougher rules and enforcing them ever more rigidly. Perhaps the Minister for Immigration will confirm this, but I think that it is looking for a reduction of around 80,000 students across the UK—that is the target—and by heck it is going to achieve it regardless of the collateral damage to our universities. If it is bad for universities, tough luck. If we lose out on attracting the students we need for our economy and our institutions, too bad—UKBA has a job to do, and it is going to do it.

If it bad for students who now have to be relatively prosperous to come to the UK, for goodness’ sake they should not be poor and destitute if they are fleeing oppression, because in that condition they will undoubtedly remain. Our treatment of failed asylum seekers who cannot return to their country of origin because of fear of persecution or oppression should shame all in this House. There is almost positively a policy of destitution.

How is the UKBA dealing with people who are here legally?

[Jeremy Corbyn (Islington North) (Lab)]

Does the hon. Gentleman accept that the vast number of people in this country feel strongly about the question of failed asylum seekers and destitution, and provide food, support and somewhere to live in churches, mosques and other places? I agree that it is an absolute disgrace that we expect people to live in complete destitution until they have got through the relevant number of years, which the Government propose to extend, before they can get residence in this country. We need to be humane about it.

[Pete Wishart]

The hon. Gentleman is spot on. I see those efforts in Scotland, particularly Glasgow, where we have a number of failed asylum seekers. We cannot return them to countries such as Iran, Afghanistan and Zimbabwe—it would be absurd to do so—and the policy of destitution that the Government have imposed on them is a disgrace. We in the House are rightly appalled about the way in which we deal with them.

The people with whom we come into contact are those we have heard about from Members across the Chamber, and a feature of the debate has been the ultimate frustration experienced by ordinary Members of Parliament who have to deal with the UKBA. A couple of weeks ago, we had a debate on article 8 of the European convention on human rights, and several Members who attended that debate are here today. The House indulged in the usual kickabout stuff about marauding foreign rapists and murderers on every street corner who go home to their state-funded apartment and get all their swanky lawyers to invent reasons for them to stay in the UK. However, we deal with the real, mundane issues that are brought to our offices by people who suffer as a result of trying to ensure that they can stay here.

The UKBA’s job is quite simple: to stop people coming to the UK who want to come to our shores—people who should not be here should be kicked out—and to frustrate as much as possible those who are trying to go up the citizenship or immigration ladder. I have only a few minutes, but I want to mention two cases that I have dealt with. One is quite a celebrated case that the Immigration Minister may remember and shows the type of case we have to deal with. It concerns a lovely guy called Swarthwick Salins, who lived in my constituency. The UKBA, which was doing its job, looked into his bank account, and found that instead of £800, there was £740 there. There was no phone call to Swarthwick to say, “Listen, Mr Salins, there is an issue with your bank account. You’re £80 below the necessary level—this is a warning that you are £80 short.” The one and only course of action by the UKBA was to boot him out. That is the way it officiously applies the rules.

Let me explain who Swarthwick Salins is. He is a PhD student from St Andrews university, he has three Scottish children, he is a strong member of his church and a loyal member of the community. A community campaign was launched to ensure that Swarthwick Salins could remain in Perth and it was backed by practically everybody there. I would have paid the £80, and I would have put money on with the Minister, because I know that I would win the bet that he will never reduce immigration to the numbers that he wants.

The Government want to reduce immigration from hundreds of thousands to tens of thousands. It ain’t going to happen. We live in an interconnected globalised world. We are here in London. One third of the people who live and work in London come from outwith the UK. That is the type of world we live in. It is like King Canute trying to hold back the tide to imagine for a minute that we are going to be able to deal with these issues. What has immigration done for London, as Monty Python would say? London is the most successful, dynamic city in the world. Let us hear a little more about the positive sides of immigration. Let us talk it up. Let us see what we can do to try to encourage a good feeling about it, because the Minister is not going to reach his targets. Regardless of an immigration-obsessed Conservative Government giving massive resources to the UKBA, the issue will never be effectively addressed.

Thankfully, in a few years, we will have control over and responsibility for our immigration policy in Scotland. We will do it differently. We will work in partnership with the rest of the UK, but we will not kick people out for £80, we will not harass overseas students who want to come and study in our universities, and we will deal with immigration damn well better than the UKBA is doing just now.

--- Later in debate ---

[Damian Green]

I will say two things. First, there has been a huge amount of fraud in the past and the sweeping away of bogus colleges reduces the chances for such fraud. This point was also raised by the hon. Member for Hayes and Harlington (John McDonnell). Individual students have 60 days to find a new college and their visa is still operational for that period. That is the sensible first step for them to take.

Stripping away the bogus colleges is only the first point. The hon. Member for Rhondda (Chris Bryant) made a perfectly reasonable point about those who overstay or abscond. The UKBA has been working through tens of thousands of leave curtailments. It is stripping students and others of their right to remain in the UK if they have no right to be here and providing them with written notification that they should return home. In recent months, it has dealt with almost 25,000 curtailments. To ensure that such people return home, the UKBA is undertaking a summer enforcement campaign to target those who have overstayed their visa. The aim of the campaign is to galvanise intelligence-led enforcement activity against such individuals, with the intention of removing them. So far this summer, we have removed almost 1,800 overstayers. As has been said, that is probably 1,800 more overstayers than have been removed in any previous year. That is not just students, but all overstayers.

[Jeremy Corbyn]

Will the Minister give way?

[Damian Green]

I apologise, but we are coming to the end of the debate and there are lots of points that I wish to respond to.

Foreign national offenders were mentioned by a number of Members. We now start deportation action 18 months before the end of the sentence to speed up the process. We are also chartering more flights to remove foreign offenders. Last year, we removed more than 4,500 foreign criminals—43% of them before the end of their prison sentence. Many Members raised the issue of those who are released from detention while awaiting deportation. In only 30% of those cases is the decision made by the UKBA. The courts make the other decisions.

The asylum legacy was perhaps the biggest bugbear of hon. Members from all parts of the House. I sympathise with them entirely. There are currently 80,000 cases in the asylum controlled archive. That is down 18,000 from last September. There is some confusion about this matter, but no new applications are being added to the archive. If we find cases while mopping up around the agency that belong in the archive, which is for very old cases, they are put there and processed. Nobody should be under the misapprehension—I think it was the hon. Member for Bradford East (Mr Ward) who brought this up—that new applications are going into the archive; they are simply not.

As has been mentioned, we are now checking cases not just against public sector databases but against credit scoring databases and so on, to see whether people are leaving any footprint in this country. If they are not, there is clearly evidence that they have left, which allows us to concentrate on those who are here so that everyone gets a decision. As the Chairman of the Home Affairs Committee said, the target is finally to clear the backlog this year.

Another big issue that many right hon. and hon. Members brought up was the changes that we are making to family visit visa appeals, which we are restricting. I should point out that no other category of visit visa attracts a full right of appeal, and it is a disproportionate use of taxpayers’ money to fund a full right of appeal for a visitor, to be heard by a tribunal in the UK. No other country does that. From 9 July, the new regulations will restrict the full right of appeal to those applying to visit a close family member with settled refugee or humanitarian status.

I repeat that it is quicker for people to reapply than to appeal, and it is not the case that every decision is simply rubber-stamped. I believe it was the hon. Member for Walsall North (Mr Winnick) who brought that up. I assure him that each case is examined by a more senior member of staff, and that some decisions are changed by the entry clearance manager.

Prevention and Suppression of Terrorism

Jeremy Corbyn Excerpts

Wednesday 4th July 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2012, which was laid before this House on 2 July, be approved.

The Government are determined to do all we can to minimise the threat from terrorism to the UK and our interests abroad. Proscription of terrorist organisations is an important part of the Government’s strategy to tackle terrorist activities. We would therefore like to add the organisation Indian Mujahideen—the IM—to the list of 47 international terrorist organisations, amending schedule 2 to the Terrorism Act 2000. This is the 10th proscription under the 2000 Act.

Section 3 of the 2000 Act provides a power for the Home Secretary to proscribe an organisation if she believes it is currently concerned in terrorism. The Act specifies that an organisation is concerned in terrorism if it commits or participates in acts of terrorism; prepares for terrorism; promotes or encourages terrorism, including through the unlawful glorification of terrorism; or is otherwise concerned in terrorism. The Home Secretary may proscribe an organisation only if she believes it is concerned in terrorism. If the test is met, she may then exercise her discretion to proscribe the organisation.

[Jeremy Corbyn (Islington North) (Lab)]

I thank the Minister for giving way so early in what will probably be a short contribution. What reviews have been conducted of all the other organisations on the list? Every time these orders come up, we seem to add to the list, rather than subtract from it.

[James Brokenshire]

I am grateful to the hon. Gentleman for giving me the opportunity to tell the House that an annual review is undertaken in respect of all the proscribed organisations. I also note the recommendation from David Anderson, the independent reviewer on terrorism, in respect of a mechanism for de-proscription. I can assure the hon. Gentleman that we are examining that recommendation carefully, and that we will respond to David Anderson’s report in due course.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Lab)]

I shall be brief, but I want to follow up on the comments made by the Chair of the Select Committee on Home Affairs, my right hon. Friend the Member for Leicester East (Keith Vaz), and the questions asked by my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), who speaks on behalf of the Opposition.

I feel that we should be cautious when we proscribe any organisation. As the Minister pointed out, the effect is that anti-terrorist law rather than normal criminal law applies to that organisation, not just in this country but in other countries. It almost ends up criminalising entire communities, as my right hon. Friend for Leicester East mentioned in the context of the Tamil community, but it affects many others too. We should not always reach out to anti-terror laws to deal with our problems in security; we should instead use the criminal law that we have.

The other effect of banning an organisation from a particular community can be to choke off perfectly open and legitimate political debate and deter people from taking part in normal political debate. It might also have the perverse effect of encouraging some people in completely the wrong direction. We should be more than slightly cautious about that.

These issues are not new and they have been raised many times. I realise than the Minister probably cannot give a full answer today, but I have asked questions concerning the Anderson inquiry and its proposals. There are a substantial number of organisations on that list and, as my right hon. Friend pointed out, the LTTE is a banned organisation although it no longer exists, so there does not seem to be a great deal of point in continuing that ban. Will the Minister give us a more specific indication than “in due course” of when he will be able to come before the House with a substantial reply to the queries of many Members about some of the organisations listed?

Will the Minister also give a strong message to the law enforcement officers in this country at all levels? If a specific organisation is banned, there is clearly a legal sanction against that organisation. However, it is not a legal sanction against all members of the community or against legitimate political debate. It is not a legal sanction against normal political discourse but, as my right hon. Friend pointed out, some people somewhere hear that the LTTE is banned and therefore believe that all Tamil activity is banned. That is obviously not the case, but it is a message that some people misunderstand, or choose to misunderstand. If the Minister would set the record right, that would be extremely helpful. I look forward to his reply, and I hope that he can give a substantial answer to the report by the Home Affairs Committee sooner rather than later. I realise that that will not be before the summer recess, but if we could at least have an indication that it would be available in early autumn that would be helpful.