Draft Immigration (Age Assessments) Regulations 2023

Debate between Robert Jenrick and Kevin Foster

Monday 20th November 2023 General Committees

[Robert Jenrick]

We do believe that this change will make a material difference; otherwise, we would not proceed with it. We have taken a great deal of time since the passing of the Nationality and Borders Act 2022 to refine this policy. We took advice from the specialist Age Estimation Science Advisory Committee as to how best to proceed and whether this policy would make a material difference, and we have concluded that it would.

The evidence from the scientific age assessment will be only one element of the ultimate decision. The decision will be made by a social worker. If that social worker believes, despite the scientific age-assessment evidence, that an individual is a minor, it will ultimately be up to them to make the final decision. If there were a risk of a perverse outcome, it would be up to them to use their professional judgment to determine whether the person was actually a minor and not make a mistake.

[Kevin Foster (Torbay) (Con)]

Does the Minister agree that the fact that the vast majority of European countries use some form of scientific age assessment speaks volumes for how it can assist in decision making? It will also allow us an opportunity to get empirical evidence when looking to prove whether someone who claims to be an adult is actually a much younger child. If we get this process right, it will remove the extreme cases that are cited regularly in the media.

[Robert Jenrick]

My hon. Friend speaks with great experience and is absolutely right: this change will improve the overall evidential standard of decisions, and will be particularly useful to weed out the obviously egregious instances that we all see represented in the media, which in my role I see all too often.

Illegal Migration

Debate between Robert Jenrick and Kevin Foster

Tuesday 24th October 2023 Commons Chamber

[Robert Jenrick]

It will be an interesting conversation with the leader of Glasgow City Council, because as I recall the council does not want to take any more of our refugees. It put out a statement saying it would not use a barge, even though Glasgow had itself used a barge for Ukrainian refugees. I do not know why a Ukrainian is different from an Afghan or a Syrian; perhaps the hon. Gentleman should explain those double standards.

[Kevin Foster (Torbay) (Con)]

Having stood at that Dispatch Box myself discussing this sort of subject, I imagine my right hon. Friend is much happier to come to the House with today’s statement than with some of the things we sometimes end up having to discuss. I must have missed all those Opposition demands to remove more people and take a tougher stance.

I welcome the message regarding the Esplanade in Paignton and my right hon. Friend’s confirmation this morning. It is appreciated. Can he assure me that we will pursue measures such as Greek-style accommodation centres and ensure an adequate supply of dispersed accommodation, fairly distributed across the United Kingdom—including the 31 of 32 areas of Scotland that used to refuse it—so that we do not have to resort to hotels again in the future?

[Robert Jenrick]

My hon. Friend is absolutely right that we need a fair and equitable system. That is why he contributed to the creation of the national dispersal model, which we continue to pursue. We have now created the first large sites: we have stood up our site at Wethersfield in Essex and we are proceeding to stand up the site in Lincolnshire, as well as the barge in Portland. Why are we doing that? It is because we do not want the UK to be considered a soft touch. It is not right that someone who might have been sleeping in a camp in France comes across in a small boat and finds himself in a Holiday Inn in Oxford. That makes the UK a laughing stock. We had to change that, which is why we have put in place those larger sites. They are more appropriate, they save the taxpayer money, and they send a signal about the strength of the UK’s resolve to tackling this issue.

Student Visas

Debate between Robert Jenrick and Kevin Foster

Wednesday 24th May 2023 Commons Chamber

[Kevin Foster (Torbay) (Con)]

It is obviously right, when we see emerging trends in the immigration system that cause concern, that action is taken. When discussing net migration, we need to be clear about the factors that contribute to it. For example, British citizens returning to the UK and potentially bringing children with them also count towards the net migration statistics, but that is clearly not related to immigration policy.

On the wider system and the rationale behind this move, I suspect the Minister may have wanted to announce something slightly more comprehensive, rather than just to focus on student dependants. Does he agree that we should make sure the immigration system has the appropriate impact on the labour market and look more widely at things such as the salary thresholds throughout the system, as well as making the change that has been announced today?

[Robert Jenrick]

I do think the package of measures that we have announced will make a tangible difference to net migration. Taken together with the easing of exceptional factors, such as Hong Kong BNO individuals coming to the UK over the next year or two, there is good reason to believe that net migration will fall and that we will be better placed to meet our important manifesto commitment.

However, my hon. Friend is right to say that it is critical that we do so, that we should consider further measures and that we have to think carefully about how migration interacts with the British labour market. It is quite wrong to perpetuate an economic model that is overly reliant on foreign labour, with people coming here and taking jobs from British workers, and not to tackle the core issue, which is the number of economically inactive people in our country.

Illegal Migration Update

Debate between Robert Jenrick and Kevin Foster

Wednesday 29th March 2023 Commons Chamber

[Kevin Foster (Torbay) (Con)]

I can understand the Minister’s trepidation coming to the Dispatch Box for today’s statement, having had to make similar statements myself over the years, but he is outlining the right approach today. We can see comparisons, particularly on continental Europe and particularly in Greece, where large-scale accommodation centres have been used as part of a transformation of the asylum system, providing humane and decent accommodation while assisting the process of making decisions. To deal with some of the issues that we have had thrown at us, first, I assume that he will view this accommodation as part of national infrastructure and therefore take it through that planning process. Secondly, I assume that this is all, as he has touched on already, non-detained accommodation. Finally, what sort of timeline is he looking at to get some of these centres up and running, because people will only see this approach making a difference when they see hotels closing down in their local area?

[Robert Jenrick]

My hon. Friend and predecessor knows how difficult these decisions can be. Like him, I did not come into politics to deal with clandestine entry or organised immigration crime, but I did come into politics to provide security and stability to the public and to put the interests of my constituents above those of anyone else. That is why we are taking these decisions in the national interest. We will ensure that these sites are non-detained and legally compliant. They will be provided at pace. We will make use of the planning powers that the Government have at our disposal. I am confident that we will be able to get individuals on these sites in the coming weeks.

Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023

Debate between Robert Jenrick and Kevin Foster

Wednesday 1st March 2023 General Committees

[The Minister for Immigration (Robert Jenrick)]

I beg to move,

That the Committee has considered the draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023.

It is a pleasure, as always, to serve under your chairmanship, Sir Robert. The instrument was laid before Parliament on 2 February. It deals with two important issues. First, I will touch on the deprivation provisions. Maintaining our national security and keeping the public safe are of paramount importance to the Government, and that is why deprivation of citizenship when it is conducive to the public good is deployed for those who pose a threat to the UK or whose conduct involves very high harm.

The power to deprive an individual of their British citizenship has existed in law for over a century, since the British Nationality and Status of Aliens Act 1914; it is currently found in section 40 of the British Nationality Act 1981. When passing deprivation measures in the Nationality and Borders Act 2022, the House agreed that in cases when the Secretary of State intends to make a deprivation order without prior notification, on the grounds that it is conducive to the public good, an application must be made to the Special Immigration Appeals Commission, which will consider the Secretary of State’s reasons not to give notice.

To implement that process, we first made amendments to the Special Immigration Appeals Commission Act 1997 in November last year. Those amendments gave the Lord Chancellor the power to amend procedure rules in relation to those applications. Using that power, we now intend to make the necessary amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003. That will set clear guidelines for the Secretary of State and the Special Immigration Appeals Commission when dealing with applications under the new process.

The instrument will specify the information that must be included in applications and make provision for the Secretary of State to vary or withdraw an application. It also confirms that

“the Secretary of State is the only party to proceedings”,

and makes provision for the Secretary of State to appeal a determination of the Special Immigration Appeals Commission. The instrument also sets out that the Special Immigration Appeals Commission must give a determination within 14 days of receiving the application or its variation. That reflects the fact that the Secretary of State might have to act very swiftly in the interests of national security.

The instrument is the final stage in implementing the safeguards relating to section 10 of the Nationality and Borders Act, which the House agreed to during the passage of the Act.

[Kevin Foster (Torbay) (Con)]

The Minister has given an excellent explanation of the safeguards in the process, which will be enhanced by the instrument. Does he recall some of the scaremongering during the Nationality and Borders Act debates about how there would somehow be no oversight of how the deprivation provisions would be used? Actually, this is about dealing with some of the worst threats to our national security—who may literally be in war zones, where it is impossible to serve a notice on them.

[Robert Jenrick]

I certainly do. I pay tribute to my hon. Friend, who was my predecessor and played a critical role in the passage of the Nationality and Borders Act. He is right to say that the suggestions made during the passage of that Act were spurious and wrong and also that the power will be used in the most judicious way to tackle some of the gravest threats to our national security. Examples might include an individual who our security services have reliable evidence is a secret agent acting against the interests of the United Kingdom, whose passport and citizenship we would want to remove, but who—for obvious reasons—we might struggle to locate. Therefore, we would have to use this special procedure to remove their citizenship at short notice.

As I hope I have made clear in my opening remarks, my hon. Friend is also right to say that the special procedure comes with a very clear safeguard: before the Secretary of State issues any of these notices, it will go before a specialist tribunal judge, who will make a statement on the case saying it is clearly correct and valid.

I turn to credibility statements, the second element covered by the statutory instrument. Sections 19 and 22 of the Nationality and Borders Act 2022 create additional behaviours that should result in an asylum or human rights claimant’s credibility being damaged. That includes a requirement for decision makers to consider the late provision of evidence without good reason in response to an evidence notice or a priority removal notice as behaviour that should be damaging to a claimant’s credibility.

As part of the suite of measures being introduced to encourage the timely provision of evidence in support of asylum and human rights claims, sections 19 and 22 of the Nationality and Borders Act establish a new requirement in the procedure rules of both the Special Immigration Appeals Commission and the Immigration and Asylum Chamber. When judges dispose of asylum and human rights decisions, and when credibility issues arise, they must include in their decisions a statement of how they have taken into account all the potential credibility-damaging behaviours.

The changes to the procedure rules of the Special Immigration Appeals Commission effectively secure what judges are already required to do according to current case law. However, this instrument and the creation of new procedure rules will make it abundantly clear what judges are required to do, and that will ensure that there is clear and efficient decision making in these important matters. I commend the draft rules to the Committee.

--- Later in debate ---

[Robert Jenrick]

I have not heard any suggestion that there are insufficient judges. This type of case would be heard by the most experienced judges in SIAC, as the right hon. Lady would expect, given that these are some of the most complex cases that will ever come before them.

[Kevin Foster]

The Minister will obviously be aware that these decisions are taken on the basis of extensive files and evidence. On disapplying the notice requirement, for example, there is still a full appeals process so that if someone feels that the decision is incorrect, they can appeal it. To be clear, there are plenty of opportunities for oversight and ensuring that the decisions are proportionate and fair. As the Minister rightly said, this is done only in the most serious cases.

Hotel Asylum Accommodation: Local Authority Consultation

Debate between Robert Jenrick and Kevin Foster

Wednesday 23rd November 2022 Commons Chamber

[Robert Jenrick]

Dear me! The reason I had to pull out of the meeting with local authority leaders was that the hon. Gentleman had called an urgent question and I was here answering his questions. The idea that the Labour party knows how to get a grip of this challenge is, frankly, laughable. The last Labour Government left the Home Office in such disarray that their own Home Secretary declared it not fit for purpose and had to split the place up. The backlog of cases was so high that he had to institute an amnesty, where they literally wrote to people and said, “Welcome to Britain. We can’t process your application—you’re in.” That is not the approach that we are taking.

Labour Members have no credible proposals to stop the problem at source. They voted against the Nationality and Borders Act 2022, and they opposed the Rwanda scheme. Their own leader, in his leadership campaign, called for the closure of immigration removal centres—the places where we detain people, often foreign national offenders, while we are trying to get them out of the country. The truth is that, in the last Labour Government, the party was committed to mass migration and uncontrolled immigration. We are only the party that believes in the British public. We are the party that wants to ensure that we secure our borders and have a controlled migration system.

[Kevin Foster (Torbay) (Con)]

As always, I have some sympathy for my right hon. Friend in having to deal with an urgent question such as this. Recent examples in Torbay show that previously there was engagement with local authorities, although I must say that the news that we were looking to use accommodation was never welcomed. It would be interesting for him to reflect on how the new standards he has laid out will operate and work. Is he saying that this will be an interim period with a bare minimum of 24 hours’ notice and that he hopes to go back to giving a longer period of notice, both to MPs and to councils, particularly those with responsibility for children’s services, because it is really unacceptable that people are finding out about this from staff working at hotels and residents living next door?

[Robert Jenrick]

I can only speak to the situation as I found it when I arrived in the Department, and at that point there were almost 4,000 people at the Manston site. There were serious concerns about conditions at the site and, indeed, about its legality, and there was insufficient accommodation available to us to house the asylum seekers. We have set out, through immense efforts in the last few weeks, to rectify that situation. It is clear to me that insufficient accommodation was procured over a sustained period, and we need to tackle that. We will do it in a number of different ways, including through dispersal accommodation with local authorities; through judicious use of hotels, with good engagement with local authorities; by using larger sites that provide us with decent but not luxurious accommodation; and, of course, by tackling the problem at source. We cannot build our way out of this challenge. We have to reduce the pull factors to the UK and we have to ensure that the backlog of cases is cleared as swiftly as possible.

Migration

Debate between Robert Jenrick and Kevin Foster

Wednesday 16th November 2022 Commons Chamber

[Robert Jenrick]

The hon. Lady needs to face the facts. We on the Government Benches will always behave with decency and compassion, because those are our values. But we will not be naive. We are capable of making the distinction between genuine refugees and genuine asylum seekers fleeing persecution and human rights abuses, and Albanian economic migrants coming to this country for all the wrong reasons. We are also perfectly capable of making the distinction between good people who deserve our protection and support, and bad people who are foreign national offenders who need to be removed from the United Kingdom as soon as possible. I am surprised to see her joining in with the Opposition, who want to close down the very detainment centres where we keep those people while we try to get them out of the country.

The hon. Lady says she is disappointed that we are pursuing Rwanda. I think Rwanda is an important part of our efforts to tackle illegal migration because deterrence has to be suffused throughout our entire approach. Everything we do to create further pull factors to the UK ensures more people cross the channel in perilous ways and more pressure is put on our public services. It prevents us from helping the people who genuinely deserve our support, such as those who come from Ukraine, Afghanistan or Syria under our resettlement schemes. I will say again—I have said it before: if the SNP wanted to help with this issue, it would address the fact that proportionately Scotland, in particular SNP local authorities, takes fewer people on those resettlement schemes than any other part of the United Kingdom.

[Kevin Foster (Torbay) (Con)]

I do not envy my right hon. Friend having to do this urgent question, having done a few myself. I know he will recognise that system-wide reform of asylum is needed. The deal with France is welcome, but it is only a small part of what needs to be done overall. The particular point I want to focus on is the issue of notification and engagement with local authorities, which seems to have disappeared, as he will be aware from the situation in Torbay. Can he reassure me that that will now be restarted? At the very least, it is common courtesy to notify MPs and local authorities—we should not find out via third parties.

[Robert Jenrick]

Yes, and I pay tribute to my hon. Friend for his good service in this role and others previously. He was highly respected and is missed by his former colleagues at the Home Office.

My hon. Friend is absolutely right to say that we need good engagement with Members of Parliament and, crucially, local authorities. When we are bringing groups of migrants to a local area, often with complex needs, we need to ensure the local authority is involved in that, can prepare for their arrival and provide good services. One issue that has been experienced in recent weeks is that the sheer number of individuals crossing the channel has put immense pressure on the Manston facility. As the Minister responsible, my first duty and priority was and is to ensure that Manston operates legally and decently. That has meant that we have needed to procure a lot of accommodation relatively quickly and that has meant some procedures have been weaker than any of us would have wished. I hope we can move forward from that, stabilise the situation, and get into a pattern of engaging MPs and local authorities in the manner that they deserve.

Oral Answers to Questions

Debate between Robert Jenrick and Kevin Foster

Monday 20th June 2022 Commons Chamber

[Kevin Foster]

We have already made clear the actions we are taking. Since April last year we have been advising people to allow up to 10 weeks for an application, although 91% of people get their passport back within six weeks of applying. The hon. Member will also be aware that in some instances, such as school trips, collective passports can be used, subject to those being accepted by the country they are travelling to.

[Robert Jenrick (Newark) (Con)]

Earlier in the year, Parliament repealed the antiquated Vagrancy Act 1824. It was an important step in our journey to ending homelessness for good. Imagine my surprise when I reviewed the Levelling-up and Regeneration Bill to see that that repeal was repealed and that the Secretary of State will be given unlimited and unspecified powers to recriminalise homelessness. I know my right hon. Friend the Home Secretary cares about this, and she has been superb in supporting me and other Ministers in this mission. May I ask her to deal with this and ensure that we can get on with the job of ending homelessness?

Ukraine Refugee Visas

Debate between Robert Jenrick and Kevin Foster

Thursday 31st March 2022 Commons Chamber

[Kevin Foster]

First, it is too early to say how many people have arrived under the Homes for Ukraine scheme, but we are now publishing details of visa grants. By 9am today 3,705 visas had been granted, and the trajectory for visa grants is increasing every day. I remind hon. Members that at one point last week we issued nearly 6,000 family scheme visas in two days. Again, that shows the type of capacity available once we get decisions ready to be made, and we would expect to see a similar increase in trajectory on the Homes for Ukraine scheme.

On the accusation that applications are being deleted, what has actually happened is, first, a removal of duplicates, for example where someone applied initially with biometrics and then did so without biometrics. Where someone did not qualify for the family scheme but they have someone in the UK who would be prepared to sponsor them—such as godparents, for the sake of argument—we transfer this over to the Homes for Ukraine scheme. Members will realise why that is a sensible and proportionate approach to take.

On the accusation about “reams of info”, we have cut back on what people are asked to supply. We do not need authorised translations and people can submit in Ukrainian, with the most basic of documentation: any evidence that shows residence in Ukraine. Again, we are not asking people to give us travel history or previous addresses; we are asking purely for something that shows they were resident in Ukraine in December and that there is a basic family link, if relevant, for the family scheme. We are cutting down the information purely to that which is necessary for vital safeguarding checks.

This is the latest in a number of humanitarian interventions and routes we have created over the past year. We saw the determination to help people in Afghanistan, from which we saw the biggest evacuation since Dunkirk; we saw the British national overseas route delivered, with more than 100,000 applications over the past year; and now we see these two routes for Ukrainians set up in record time, with tens of thousands of people already having visas under them. I just compare that with how the shadow Home Secretary got on with her own pledge to rehome one Syrian refugee.

[Robert Jenrick (Newark) (Con)]

This is going to be a wonderful scheme and we are all looking forward to welcoming tens of thousands of Ukrainians to this country, but something is going wrong with the scheme right now. Tomorrow, the vast majority of sponsors will have waited two weeks and will not have heard anything at all. We are testing the patience of people in this country who have put themselves forward as sponsors and, much more importantly, we are letting down vulnerable individuals and families in Ukraine. We need to process only about 8,000 households, and we are talking about 20,000 or 30,000 applications in total. That is not a huge or insurmountable task, but it does require the Home Office to make sure that the resources and the leadership are in place to get this sorted. I hope that we have heard today from the Minister that that will now happen in the next few days.

[Kevin Foster]

My right hon. Friend is right to say that people want to get on and help. Tens of thousands of people throughout the country have made a very generous offer and they want to be able to extend that and for it to be taken up. We are rightly doing vital safeguarding checks. Sadly, we have had some pings on the police national computer in respect of some of the sponsors who have come forward, and we will need to consider them, but the vast and overwhelming majority of people want to do the right thing.

I appreciate my right hon. Friend’s wish that we go faster. As I have touched on, the rate at which visas are being granted is increasing. As we have seen with the Ukraine family scheme, once people have passed through a number of checks, we can quickly start to issue a large number of visas, which is what we plan to do.