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Immigration Statistics

Mr. Viggers: To ask the Secretary of State for the Home Department what recent estimate he has made of the number of people in the UK who are not recorded in official statistics as authorised immigrants. [135594]

Beverley Hughes [holding answer 4 November 2003]: There is currently no official estimate of the number of people in the UK who are not recorded in official statistics as authorised immigrants.

Independent Police Complaints Commission

Dr. Kumar: To ask the Secretary of State for the Home Department if he will make a statement about the (a) cost and (b) remit of the Independent Police Complaints Commission. [137533]

Ms Blears: This current financial year is the Independent Police Complaint Commission's (IPCC) set up year. It has been allocated £15 million for revenue expenditure and £11.5 million for capital expenditure. The funding for future years has not yet been established.

The IPCC's remit will be as set out in section 10 of the Police Reform Act 2002. From 1 April 2004, it will be tasked with maintaining effective and efficient arrangements for recording, handling and investigating complaints about conduct and internal conduct matters relating to persons serving with the police (regular officers, police staff, special constables and contracted escort and detention officers). It will also have the function of securing that public confidence is established and maintained in those arrangements and that they manifest an appropriate degree of independence.

Managed Migration

Malcolm Bruce: To ask the Secretary of State for the Home Department if he will make a statement on how his Department's managed migration policies are attracting immigrants to Scotland. [132982]

Beverley Hughes: The Government are responsible for migration to the United Kingdom. Our managed migration policies provide legal routes of entry that will attract migrants to all parts of the UK where this will contribute to our economy and society. The Scottish Executive is complementing these policies by developing the Fresh Talent Initiative to attract migrants to Scotland.

Mrs. Kaladura Nimali Mason

John Cryer: To ask the Secretary of State for the Home Department when he will make a decision on

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the application of Mrs. Kaladura Nimali Mason (reference M2013611/3) for naturalisation as a British citizen. [135912]

Beverley Hughes [holding answer 4 November 2003]: Mrs. Mason's application has been approved. She was sent an oath of allegiance form on 31 October 2003. Once she has sworn the oath and returned the form to the Immigration and Nationality Directorate, they will be able to issue a certificate of British citizenship.

National Asylum Support Service

Mr. Oaten: To ask the Secretary of State for the Home Department on what date the report of the independent review of the National Asylum Support Service was submitted to ministers. [133964]

Beverley Hughes: The independent team established to review the operation of the National Asylum Support Service (NASS) submitted its report on 30 May 2003.

Mr. Digby Griffith was appointed as Secretary to the independent NASS Review Team during the first week in March 2003 and took up post on 10 March. Following a national open competition he was offered the post of Head of Accommodation in NASS on 24 April. He took up post on 30 June.

Mr. Waterson: To ask the Secretary of State for the Home Department if he will make a statement on the implications of the decision of the Court of Appeal in Regina versus National Asylum Support Service. [136706]

Beverley Hughes: We welcome the findings of the Court in this case. The judgment provides valuable clarification of the extent of the Immigration and Nationality Directorate (IND)'s responsibilities for accommodating asylum seekers who have children who are sick or have disabilities. As the judgment made clear IND has always accepted that it had a duty to provide adequate accommodation for the applicant and her family, taking account of the situation of the children. Work is on-going to obtain more suitable accommodation in the area for the family.

Nationality Applications

Miss McIntosh: To ask the Secretary of State for the Home Department what the average time taken was to process an application for British nationality in the last five years was; and if he (a) has taken and (b) intends to take action to reduce that waiting time. [137072]

Beverley Hughes: There are no data published on actual decision times to determine applications for British citizenship. Information on expected waiting times for citizenship applications are available on the IND website; www.ind.homeoffice.gov.uk and is periodically updated. As at the end of October 2003 the expected average processing times were:

ApplicationsMonths
Naturalisation6.2
Adult 2.0
Minor 6.9
Other1.4

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However, this time may be significantly reduced if all relevant documents are sent with the application form.

The casework consideration process has been extensively reviewed by the Nationality Group to minimise delays. This has resulted in a reduction to waiting times during this financial year; over 25 per cent. of cases are now decided within one month of receipt. In addition to this, a review of Nationality Group processes was commissioned to focus on ways of reducing the backlog of work and cutting waiting times further. The review report was accepted by the Minister in October .An action plan is now being formulated to take forward its recommendations.

Nationality, Immigration and Asylum Act

Mr. Malins: To ask the Secretary of State for the Home Department in relation to sections (a) 96, (b) 97 and (c) 98 of the Nationality, Immigration and Asylum Act 2002, how many cases have been certified by the Secretary of State in accordance with that section; how many cases so certified have been challenged (i) by judicial review and (ii) otherwise; how many challenges were successful; and what the grounds were in each case of challenge. [135430]

Beverley Hughes: I regret that the information requested is unavailable and could be obtained only at disproportionate cost.

Statistics on the numbers of certified refusals at asylum initial decisions and the outcomes of any subsequent appeals or judicial reviews are not separately available in relation to sections 96, 97 and 98 of the Nationality, Immigration and Asylum Act 2002.

Statistics on the outcomes of initial asylum decisions and appeals are published quarterly. The next publication will be available from the 27 November 2003 on the Home Office Research Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/immigration1.html.

Mr. Malins: To ask the Secretary of State for the Home Department how many cases certified as clearly unfounded under Section 94(3) of the Nationality and Immigration Asylum Act 2002 have been (a) challenged successfully and (b) challenged unsuccessfully by judicial review; and, in each case where the challenge was successful, what the grounds of the challenge were. [135431]

Beverley Hughes: Section 94(3) of the Nationality, Immigration and Asylum Act 2003 relate to nationalities subject to non-suspensive appeal (NSA). NSA provisions have been applied since 7 November 2002. The number of applications received from such nationalities has fallen significantly.

I regret that the information requested is not available and could only be obtained at disproportionate cost.

Information on asylum initial decisions is published quarterly. The next publication will be available on 27 November 2003 on the Home Office Research Development and Statistics Directorate web site at http://www.homeoffice.gov.uk/rds/immigration1.html.

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Mr. Malins: To ask the Secretary of State for the Home Department (1) in how many cases considered under section 94(3) of the Nationality, Immigration and Asylum Act 2002 he decided that the claim was not clearly unfounded, broken down by country of origin of claimants; [135433]

Beverley Hughes: I regret that the information requested is not available and could be obtained only at disproportionate cost.

Information on asylum initial decisions is published quarterly. The next publication will be available on 27 November 2003 on the Home Office Research Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/immigration1.html.

Overseas Students (Visa Charges)

Mr. Brady: To ask the Secretary of State for the Home Department what estimate he has made of the number of overseas pupils attending boarding schools in the United Kingdom who will be required to pay visa charges under new regulations. [133935]

Beverley Hughes: No figures are available for the number of boarding school children who will be required to pay for applications for leave to remain in the United Kingdom following the introduction of charging for leave to remain which was introduced on 1 August 2003.

The cost of an application for leave to remain in the United Kingdom is £155 if sent by post or £250 if lodged in person.

Mr. Brady: To ask the Secretary of State for the Home Department what estimate he has made of the number of overseas pupils attending boarding schools in the United Kingdom who will miss a period of school due to delays in granting visas. [133936]

Beverley Hughes: Student entry clearance applications do not allow us to differentiate those attending boarding schools from others. Globally, over 90 per cent. of all straightforward applications were processed within 24 hours in the financial year 2002–03. By their nature applications from boarding school students are straightforward in most cases.

UK visas has not received any complaints that students have missed school due to delays in processing entry clearance applications.

Mr. Cousins: To ask the Secretary of State for the Home Department whether the additional charges for overseas student visas contain an element for cost recovery for the past costs of administering such visas in accordance with Treasury guidance. [136540]

Beverley Hughes: The fees are set under Treasury rules to recover the full administrative cost entailed in considering applications and no more. This is calculated taking the overall costs of processing applications for one year divided by the number of decisions we expect to make.

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Treasury guidelines state that the only actual costs may be recovered.

The costs of dealing with applications which do not attract a fee cannot be recovered from fee paid for applications.

Treasury rules require the Immigration and Nationality Directorate to carry out an annual fee review.

Mr. Brady: To ask the Secretary of State for the Home Department pursuant to the statement by the Under-Secretary of State of 22 October 2003, Official Report, column 311WH, on visa charges, what discretion his Department has in interpreting Treasury rules on the setting of charges for visas for overseas students. [134907]

Beverley Hughes: There are no plans to increase student visa fees at this time. However, visa fees are kept under review and may be increased in order to ensure that the entry clearance operation recovers its full costs.

The fees for leave to remain applications are set under Treasury rules to recover the full administrative cost entailed in considering applications and no more. This is calculated by taking the overall costs of processing applications divided by the number of decisions we expect to make. This is the same method used to calculate the costs of entry clearance/visa fees. There is a scale of fees for entry clearance depending on the type of visa being applied for. We were unable to introduce differential charging for leave to remain applications, as our current accounting structure does not allow for this. Consultation would not have changed this. However, this is not to close off the potential for differential charging in the future and we will again consider this when charges are reviewed.

Fees and charges for statutory services are set in accordance with Treasury guidelines.

Mr. Lansley: To ask the Secretary of State for the Home Department when the Minister of State will reply to the letter of 17 September from the General Secretary of the Independent Schools Council concerning visa charges for school pupils. [133070]

Beverley Hughes: A reply to Alistair Cooke's letter of 17 September was sent on 20 October.

Mr. Lansley: To ask the Secretary of State for the Home Department when, and by what means, he advertised the introduction of visa charges for overseas pupils attending United Kingdom schools. [133071]

Beverley Hughes [holding answer 20 October 2003]: Theconcept of charging has been in the public domain for some time since it was debated during the passage of the Immigration and Asylum Act 1999. My right hon. Friend the Home Secretary further stated his intention to charge in the White Paper: "Secure Borders, Safe Haven: Integration with Diversity in Modern Britain" published on 7 February 2000.

The day the regulations were laid (10 July) there was a public announcement by way of a Press Release; information was available on the Immigration and Nationality Directorate (IND) Website and a leaflet 'Information about New Charges' was available to customers by post and in the Public Enquiry Offices. The leaflet was also sent to IND stakeholders.

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