APPENDIX 8
Memorandum submitted by
the Immigration Advisory Service
Summary of Recommendations
1. A pilot project of tape recording of settlement
interviews should be established in Islamabad in order to ascertain
any problems with interviewing manner and difficulties with interpreting
as well as to increase confidence in the interviewing process
among applicants. Untranscribed tapes could be made available
to applicants/applicants' representatives on request.
2. Cultural awareness of entry clearance officers
should be improved through regular sessions with locally employed
interpreters as well as use of material, such as videos, as part
of their training in post.
3. If not already in place and where appropriate
there should be procedures introduced in Islamabad so as to reduce
the temptation and any benefit that might accrue from applicants
offering money to British High Commission staff.
4. In the interests of open government and transparency
policy guidance from the Migration & Visa Division of the
Foreign & Commonwealth Office to entry clearance officers
should be made available to applicants and representatives perhaps
through World Wide Websites.
5. Careful attention should be given to swift
implementation of entry clearance once a successful appeal against
refusal has been issued and notified to the post.
6. Consideration should be given to the Foreign
& Commonwealth Office assisting IAS to establish overseas
offices near posts in Islamabad and New Delhi in order to assist
applicants in having their applications in proper order and obviating
time spent in refusal by entry clearance officers and payment
by applicants of non-refundable application fees. In addition
to this, consideration should be given by all posts to establishing
particular arrangements with suitable and reputable other organisations
for the speedy processing of applications as with the IASP in
Mirpur.
7. In certain circumstances consideration should
be given to refunding application fees where any defect in application
has not been the fault of the applicant.
1. Immigration Advisory Service
1.1 The Immigration Advisory Service (IAS) is
a registered charity and a company limited by guarantee with a
Board of up to 10 Trustees representing a wide ethnic, geographical
and skill base; there is a staff of 100. The Head Office is in
London and regional offices are throughout the UK (Cardiff, Central
London, Birmingham, Glasgow, Hounslow, Leeds and Manchester) as
well as a Ports and Detention Unit which encompasses Heathrow
and Gatwick airports. Its predecessor UKIAS was set up under the
Immigration Appeals Act 1969, later consolidated into the Immigration
Act 1971, s.23 of which enables the Secretary of State to make
grants to voluntary organisations to provide free legal advice
and representation to persons with rights of appeal against refusal
of immigration applications. Only the Refugee Legal Centre (which
deals exclusively with asylum appeals and was born from UKIAS)
and IAS receive funding from this source. UKIAS was replaced by
IAS on 1 August 1993.
1.2 IAS receives grant-in-aid from the Home Office
(currently £2.592 m) specifically to give advice and assistance
to persons with rights of appeal under Part II of the Immigration
Act 1971 and is the largest, most experienced organisation undertaking
this work. About one third of its work relates to asylum seekers.
It opens 8,000 appeals case files every year and in the Central
London Office alone receives some 40 people without appointment
every day in the Advice Unit. Overall, apart from its appeals
work, IAS gives some 12,000 individual advice sessions and fields
21,000 telephone enquiries a year.
2. Entry Clearance Procedures Generally
2.1 From the reactions of the communities in
the UK the greatest concerns are about settlement cases: the time
from first application to interview and the manner in which decisions
are reached. IAS welcomed the abolition of the primary purpose
rule (in respect of which it had made many representations to
the Government) but there is a growing concern that the requirement
of the parties to demonstrate an intention permanently to live
together is being used as a substitute reason for refusal, despite
protestations by the Migration & Visa Division of the Foreign
& Commonwealth Office that entry clearance officers have been
instructed that this should not be done.
2.2 There have been enormous problems through
the malfunctioning of the computer system in Islamabad and IAS
understands that this is now being rectified through the introduction
of a new system.
2.3 It has been the practice of applicants and
representatives to submit to entry clearance officers as independent
evidence of adequate accommodation in settlement cases a letter
from the Environmental Health Department of the relevant local
authority verifying the extent of the accommodation available
in the premises. Some local authorities are now refusing to do
this. A letter dated 23 October 1997 from Bradford Metropolitan
District Council Environmental Protection Division states "
the Council's Environmental Protection Division does not provide
a service of housing surveys and reports in connection with entry
clearance. The Foreign & Commonwealth Office have previously
informed us that their procedures allow for advice and information
to be provided by persons other than the Local Authority and entry
clearance officers should accept reports from such persons as
landlords, building societies or a suitably qualified body independent
of the applicant/sponsor." The experience of IAS is that
the attitude of entry clearance officers varies as to whether
or not they will accept such evidence.
2.4 The second greatest concern is over refusal
of applications for visits by relatives overseas who wish to attend
family functions in the UK: this has caused great resentment.
The Government has given a commitment to reintroduce a right of
appeal for those with close family links in the UK who are refused
entry clearance (the right of appeal for visitors was abolished
by the 1993 Immigration Appeals Act). Elderly relatives wishing
to visit the UK are often the most likely to be refused on the
basis that they are unlikely to return at the end of their stay,
especially if most of their family are already settled in the
UK and they may be approaching the age at which the Home Office
has a policy not to deport overstayers. Many genuine applicants
who intend to return can be disadvantaged in this way with no
right of appeal. IAS has consistently asked for the reintroduction
of such a right of appeal. This matter has been raised by Dame
Elizabeth Anson, the Independent Monitor, in her annual reports
and in a letter dated 9 September to IAS Chief Executive Keith
Best the then Foreign Secretary Rt Hon Malcolm Rifkind QC wrote
"I agree that applications for family visits, especially
by elderly relatives, are a difficult and sensitive area. For
this reason my Department is currently considering, in consultation
with the Home Office, how we can improve the way in which such
cases are considered."
2.5 The nature of such a new appeal could place
a great strain on entry clearance officers. If there is to be
a fast track appeal mechanism (as indicated by the Home Secretary
in order that a refusal can be reviewed before the family event
has taken place) then entry clearance officers will have to produce
explanatory statements quickly and, without additional staff resources,
this could have the effect of delaying explanatory statements
for settlement refusals. The reintroduction of a right of appeal
could place additional burdens on IAS (about one third of the
appeals cases undertaken by UKIAS prior to 1993 were visitor refusals),
whether such an appeal involves an oral hearing or a review by
an independent body (such as the Immigration Appellate Authority)
on the papers (with representatives submitting written representations).
2.6 Concern has been expressed at the way in
which some interviews are conducted as well as the quality of
interpreting. IAS has suggested that there should be a pilot project,
preferably in Islamabad, whereby certain categories of interviews
(perhaps settlement cases) should be tape- recorded and the tapes
made available to the applicants/representatives on an appeal
if the manner of the conduct of the interview or the comprehension
of the entry clearance officer is in issue. The former Parliamentary
Under Secretary of State Dr Liam Fox MP appeared to view this
idea favourably as has the present incumbent Baroness Symons of
Vernham Dean. The proposal by IAS would not involve expensive
transcription which would have to be undertaken by the appellant
if desired. As in police interviews, however, such a system would
make the interviewing process transparent and would stimulate
good practice. IAS so recommends.
2.7 A welcome development instituted by the Foreign
& Commonwealth Office Parliamentary Under Secretary of State
Baroness Symons at the request of the IAS Chief Executive has
been the invitation to IAS to attend regional meetings of entry
clearance officers in order to discuss issues with them and for
a greater mutual understanding of constraints and difficulties.
This happened for the first time in Rome in November 1997 and
was useful. It is also a logical complement to the session which
has been undertaken for several years by IAS in the training course
held at Status Park, Heathrow for entry clearance officers before
they go out on post.
3. Islamabad
3.1 The Chairman of IAS Dr Z. U. Kahn OBE JP
visited the post in Islamabad and also Mirpur (twice: once on
his own and once with the First Secretary Mr Alan Waters) in November
1997. There has been a continuing close liaison over many years
between UKIAS/IAS and the Immigration Advisory Service of Pakistan
(IASP) based in Mirpur (whence many applications are received
and many persons now settled in the UK have come) which gives
advice and assistance to a large number of applicants. As a result
of the visit by Dr Khan an improved working relationship has been
established between IASP and the British High Commission which
means that any case referred to the British High Commission by
IASP will not be refused without first consulting IASP. It is
our understanding that, on the recommendation of IAS, both the
Immigration Minister Mr Mike O'Brien MP and the Foreign &
Commonwealth Office Parliamentary Under Secretary of State Baroness
Symons met with IASP during their visit to Pakistan.
3.2 Applicants start queuing before 5 am at the
back of the High Commission in an open area. There are two queues:
one for permanent settlement and the other for temporary visits.
At the opening of the post documents are checked, people are allowed
into the building through the security gate and into the compound
where they wait in a covered area until they are security checked
and enter into well appointed waiting halls. There is a separate
entrance for disabled people with direct access to the waiting
halls. Depending on the nature of the application, after preliminary
sifting, interviews take place in cubicles with the attendance
of interpreters as required.
3.3 Over a period of two days IAS had discussions
on all the relevant issues with the First Secretary (Consular/Immigration)
Mr A. V. Waters and his entry clearance managers and sat in as
observer on a number of interviews. Shortage of staff, bad advice
given to the applicant by advisers and agents, preconception of
entry clearance officers' attitude and their application of the
rules all contributed to delays and negative public perception.
3.4 Mr Waters and his colleagues appreciate the
problems and are working hard to improve but need additional staffing
to ease the situation.
3.5 A substantial number of applicants at Islamabad
originate from the territory of Azad Jammu and Kashmir. To improve
public perception and assist people of this area Dr Z. U. Kahn,
Chairman of IAS and Mr Waters First Secretary (Consular/Immigration)
visited Mirpur and held meetings with Government officials, leading
citizens, people's representatives and officers of the IASP. Special
arrangements were made for the submission of papers and representations.
Arrangements like these at no cost to the Crown can be repeated
elsewhere. IAS recommends that such arrangements with other
agencies are considered elsewhere.
3.6 IAS discussed the renewed right of appeal
for visitors with close family links to the United Kingdom which
had a universal support. The idea of visits of adjudicators to
the post abroad in order to deal with the appeals that will arise
was also thought to be helpful so as to reduce the mounting queues.
3.7 Airline Liaison Officers are a useful deterrent
and their function to assist airlines in detecting fraud which
places the airlines in jeopardy under the Immigration (Carriers
Liability) Act 1987 is now well established. At present one officer
covers Pakistan and Bangladesh. It would be beneficial for Pakistan
to have a permanent ALO.
3.8 There has been anecdotal evidence from appellants
who have come to IAS that money other than application fees has
passed between applicants and interpreters. This issue needs to
be approached in a sensitive manner so as to ensure that there
are procedures which exclude the possibility or temptation for
this to occur. The post in Dhaka, Bangladesh, for example, has
an effective procedure for ensuring that there can be no possible
benefit to be derived by an applicant who might wish to bribe
entry clearance officers there. IAS recommends that similar
procedures be implemented in Islamabad where appropriate and if
not already in place.
4. New Delhi
4.1 Applicants start queuing from about 8 am
outside the High Commission side entrance; there is no cover but
it was explained that the area outside the High Commission is
not under the control of the High Commission (even though a wall
has been built there, with permission). There is a window for
fast track applications for businessmen and agents for applicants
who are known to the High Commission as genuine. Application forms
and passports are checked before going through a security gate
into the compound where there are clear directions dividing those
for permanent settlement from those for limited stay. There is
a covered waiting area immediately inside the gate which is not
used as applicants proceed directly into the main waiting hall
which is clean, spacious and airy with information available on
the walls and in dispensers: the seating is coloured differently
according to the nature of application. Applicants are then called
forward to a window where they are interviewed and the application
is screened. It is at this stage that some applicants will be
told that their application is likely to be refused and that the
fee is non-refundable. It was our observation and also we were
told that most applicants proceed in any event. It may be that
some applicants are unaware of the implications of refusal or
that, having travelled a long distance with their papers and the
fee, are determined to proceed in any event. The fees are displayed
on a board and are paid at a separate window. The High Commission
is contemplating setting up a system in co-operation with a bank
to enable drafts to be accepted rather than cash. Settlement applicants
will be taken to an interview room where an entry clearance officer
will interview them with or without a locally employed interpreter.
The rooms are adequately sized and the only barrier between the
applicant and the entry clearance officer is the table.
4.2 IAS had a lengthy discussion with the First
Secretary (Immigration) Colin Mulcahy and one of the entry clearance
managers Carol Doughty and we were also joined intermittently
by the other entry clearance manager Kevin Casey. Concern was
expressed at the often vitriolic nature of MPs' correspondence
who, although advised to write via MVD, write directly to the
entry clearance officers and use terms such as "racist."
They also telephone entry clearance officers at their homes in
the compound during the middle of the night without appreciating
the time difference. In the high season (May and June) the post
will receive some 250 MPs' letters per month and there would be
about 600 applications per month whereas this is only about 120
applications during November time of the year. The post is anxious,
therefore, that MPs should visit the post and discover what is
happening. In particular, they expressed the desire that the Foreign
Affairs Committee should come in January. Colin Mulcahy confirmed
that there is lots of bad advice given to applicants by advisers
and agents.
4.3 There were some 53,000 applications made
to the post last year of which, on average, 17% were refused:
the refusal rate is higher on settlement applications and lower
on visits. The number of applications has remained static during
1997 but the refusal rate has dropped to 12% so far. The static
number of applications may be due to the late bumper harvest in
the Punjab in 1997 which meant that a lot of people did not travel
and there has also just been a bumper rice crop. Of the 53,000
only 1,855 were settlement applications. There is an increasing
number of businessmen but not many students. The post works closely
with the British Council and tries to fast- track students' applications.
As stated above, there is a window at the entrance to the High
Commission which is used to grant applications to agents who are
applying on behalf of those who are known to the High Commission
and have been given visas in the past. The students' applications
can be dealt with in this way as well, since the majority of students'
applications are either wholly genuine or obviously hopeless cases.
Applicants will be interviewed on the same day for visit visas
and this was raised to a waiting time of 4 days only due to the
Royal Visit recently. There are 12 entry clearance officers, 6
of whom are Home Office and 6 are FCO and there are 10 locally
employed interpreters all of whom speak Punjabi (Punjabi speakers
representing 85% of all applicants to the New Delhi post).
4.4 IAS put to the First Secretary that some
posts are requiring letters from benefit agencies to confirm that
sponsors have not claimed benefits in the past when assessing
maintenance provision. Colin Mulcahy stated that New Delhi would
never ask for a past record on benefits. Carol Doughty, who came
to the post in January 1997, said that the post would need only
a letter from the sponsor saying what will be provided and entry
clearance officers certainly do not need a standard sponsor form
or affidavits, in fact they would prefer to have it all set out
in a letter as it tells them more. There is a very real review
of cases by entry clearance managers but very few decisions are
overturned because the entry clearance officers talk to the entry
clearance managers first before coming to a decision on difficult
cases and seek guidance from them. The entry clearance managers,
therefore, are monitoring the situation all the time.
4.5 When discussing the question of a renewed
right of appeal for visitors with close family links to the United
Kingdom, Colin Mulcahy stated that he would prefer to see adjudicators
come out on post to hear appeals quickly.
4.6 It is apparent that more entry clearance
officers are typing up notes of interview and also refusal notices
so that these are legible and this is a matter which has caused
concern to Dame Elizabeth Anson, the Independent Monitor, in her
annual reports. During one interview observed by Keith Best the
entry clearance officer typed all the questions and answers and
it could have appeared to the applicant that the person who was
conducting the interview was the interpreter rather than the entry
clearance officer.
4.7 Following a successful experiment of appointing
one airline liaison officer (ALO) in another post one has been
established in New Delhi. ALOs are usually Chief Immigration Officers
whose function is to assist airlines in detecting fraud which
places the airlines in jeopardy under the Immigration (Carriers
Liability) Act 1987. The Airline Liaison Officer, Chris Lain,
stated that he will train any airline and goes to Bombay (Mumbai),
Katmandu and Madras (Chennai). He said the airlines welcome him.
He felt that he was able to provide the training necessary for
the airline staff to try to identify fraudulent documents.
5. Cultural Awareness of entry clearance officers
5.1 In March 1996 the then Minister of State
at the Foreign & Commonwealth Office Rt Hon Jeremy Hanley
visited IAS offices and as a result of concerns expressed by IAS
about the lack of cultural awareness of entry clearance officers
and suggestions that proper notes should be prepared wrote to
the Chief Executive Keith Best enclosing a copy of the entry clearance
officers' arrival notes which the Foreign & Commonwealth Office
planned to send to all posts. Since that time the Foreign &
Commonwealth Office has submitted such arrival notes for posts
as they have been produced to IAS for comment. There was already
in existence "Information about life in Pakistan" (wef:
August 1995) and arrival notes for New Delhi are dated November
1996.
5.2 During the visit to the post in New Delhi
IAS questioned both entry clearance officers and interpreters
about attitudes and was told (both by Colin Mulcahy and, independently
that evening in an informal setting, by two of the Punjabi interpreters)
that there had been a considerable change over the last two years
from an attitude of predilection to refuse applications to one
of greater understanding. The First Secretary attributed this
to greater attention to cultural awareness among entry clearance
officers. Carol Doughty is learning Hindi and Colin Mulcahy is
trying to invite academics and others to come to talk to entry
clearance officers about the culture, particularly in the Punjab.
5.3 Observation of entry clearance officers at
interview demonstrated a proper manner of questioning but one
that appeared to be remote and at times mechanical. There seemed
little attempt to engage the applicants or to demonstrate any
friendliness. They were not treated as "customers" in
the retail sales context.
5.4 In the view of IAS there is more that needs
to be done in training entry clearance officers in cultural awareness
while paying tribute to the work that is done in many posts to
this end in inviting visiting lecturers and encouraging entry
clearance officers to take an interest in the local language and
culture. Sadly, it is clear from many interview notes and explanatory
statements that there is still a paucity of understanding which
can lead to wrong judgment being made. The Chief Executive suggested
to the First Secretary that greater use should be made of the
locally employed interpreters (all Punjabi speakers as 85% of
applicants there are Punjabi). He suggested that, say, once a
month a group of about four interpreters and four entry clearance
officers should sit together informally in order for the former
to discover more about the reasons behind entry clearance decisions
and for the latter to learn more about the customs and lifestyles
of the Punjab. IAS recommends that this practice of entry clearance
officers learning from locally employed interpreters should become
established in all overseas posts. IAS is also prepared to seek
funding to produce short videos about the cultural background
of different types of applicant and recommends that these be required
viewing by entry clearance officers in all posts where applicable.
6. Policy guidance for entry clearance officers
6.1 There is clear evidence that policy is interpreted
in different ways in different posts (as observed by Dame Elizabeth
Anson, the Independent Monitor and the experience of IAS). This
is unsatisfactory and greater efforts should be made to ensure
uniformity. Moreover, there was a sense of frustration felt by
some entry clearance officers that there was insufficient guidance
given by Migration & Visa Division to posts about the frequent
changes in policy or the immigration rules. This was stated in
the context of the need for guidance as to how to interpret the
requirement of "intention permanently to live together"
in marriage settlement cases now that primary purpose has been
abolished. Migration & Visa Division have replied to this
criticism (letter dated 5 January 1998 to the Chief Executive)
that all posts are updated by telegram about new practices as
and when they occur and that there have recently been a number
of such telegrams specifically addressing the abolition of primary
purpose and the introduction of the same sex concession. In the
interests of open government and transparency such policy guidance
should be made available to applicants and representatives perhaps
through the Home Office World Wide Web site. IAS so recommends.
7. Implementation of successful appeals
7.1 The delay in issuing entry clearance to successful
appellants has been a continuing cause of concern and IAS has
many examples of where this has occurred. IAS has seen the guidelines
for entry clearance officers and it is appreciated that they must
be satisfied that there is no further appeal and that the determination
is in their hands. Moreover, it is understood that entry clearance
officers must satisfy themselves that there has not been a change
in circumstances since the appeal was allowed. Nevertheless, whether
it is a failure on the part of the IAA to supply the determinations
or the entry clearance officers to act on them there is great
hardship placed on successful appellants through entry clearance
officers not contacting successful appellants as soon as they
should. In a spouse settlement case (IMM/C2747) the appeal was
allowed on 5 November 1997 and yet when the appellant husband
contacted the Islamabad entry clearance officer on 8 December
with a copy of the determination he was told that no action could
be taken until confirmation has been received from Manchester
IAA. In another Islamabad case (CMM/C8390) the wife applicant
was refused entry clearance on 1 June 1995 (having applied on
23 January 1995); the explanatory statement of refusal was issued
on 25 July 1995 and the appeal hearing took place on 5 March 1996
and the determination was issued on 30 April in which the adjudicator
recommended that she should be issued with entry clearance as
soon as possible. On 5 June the Appeals Section of the Home Office
responded to an IAS letter stating that the determination has
been forwarded to the entry clearance officer. Entry clearance
was not issued until 5 August 1996. In another Islamabad case
(L/70288/VM) the determination allowing the appeal was issued
on 21 October 1997 and the appellant contacted the British High
Commission twice, first to be told that the computers were down
and on the second occasion that the person who was dealing with
the matter was not available. In another Islamabad case (M/81766/S/SP97)
the appeal was allowed on 5 November 1997 and the appellant is
still awaiting entry clearance to be issued. A letter dated 29
December from the IND Presenting Officers' Unit states "Please
note that we wrote to the ECO in Islamabad on 11 November and
all being equal are unable to explain why the appellant has not
been contacted with a view to a visa being issued." In another
Islamabad case (IMM/C7390) the determination allowing the appeal
was issued on 27 June 1997 and the Home Office sent its standard
letter informing the entry clearance officer to issue entry clearance
on 2 July. Neither the sponsor nor the appellant have received
any communication despite IAS faxing a letter to the post on 8
December followed by a further fax requesting the same information
on 9 January 1998. As at 13 January no response had been received.
These are just selected examples of the problems.
8. Advice to applicants
8.1 It is clear from the evidence of entry clearance
officers at these posts that a great deal of damage is done to
applicants by so-called immigration advisers and agents giving
bad advice. An example, of which IAS has particular knowledge
of many such cases, is the suggestion made to spouse applicants
that they should maintain to an entry clearance officer that the
marriage was a love- match when, in fact, it was an arranged marriage,
on the basis that British entry clearance officers do not regard
arranged marriages as genuine. On appeal against refusal the applicant's
credibility is in issue if the truth is later disclosed. Much
public money spent on appeals against refusal could be saved if
proper disinterested advice were available to applicants. Such
advice would have to be given by an organisation independent of
the High Commission. Although screening of applications and advice
by entry clearance officers to applicants as to whether or not
their applications are likely to fail is conducted with best intentions
it is misinterpreted by many applicants as an attempt by High
Commission staff to deter applications. Moreover, on many occasions
potential applicants are given misleading advice by such advisers
and agents which result in their applications failing and the
failure to refund application fees in such circumstances causes
great resentment.
8.2. The Foreign & Commonwealth Office used
to give grant-in-aid to UKIAS for an overseas office in Sylhet,
Bangladesh but this was ended. IAS recommends that consideration
be given to Foreign & Commonwealth Office part- funding of
IAS overseas offices to give advice to applicants to posts in
Islamabad and New Delhi in order to ensure that their applications
are in proper order.
January 1998
| 
