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HOME DEPARTMENT

Asylum Seekers

Mr. McGrady: To ask the Secretary of State for the Home Department (1) what policy is in place in respect of returning to Zimbabwe persons residing in Northern Ireland who have had their application for asylum refused, or who otherwise fall outside the criteria for protection under the immigration legislation;. [179996]

(2) if he will ensure that no persons seeking asylum in Northern Ireland from Zimbabwe will be returned to Zimbabwe against their will. [180011]

Mr. Browne: I refer the hon. Member to the statement made by my right hon. Friend, the Member for Stretford and Urmston (Beverley Hughes) on 23 February 2004, Official Report, column 263W, setting out the Government's position on the return of failed asylum seekers to Zimbabwe. This policy applies equally to Northern Ireland.

Mr. McGrady: To ask the Secretary of State for the Home Department how many Zimbabwean nationals are residing in Northern Ireland; how many Zimbabwean asylum seekers have been successful on their initial application for asylum; how many cases are under appeal to the Immigration Appellate Authority, the Immigration Appeal Tribunal or higher courts; and how many Zimbabwean asylum seekers who were initially refused have been subsequently successful after exhausting appeal rights. [180018]

Mr. Browne: There were 289 Zimbabwean nationals residing in Northern Ireland in 2001, based on the results of the Northern Ireland Census of 2001.

As at the end of December 2003 there were 10 Zimbabwean asylum seekers (including dependants) supported in NASS accommodation in Northern Ireland. There were no Zimbabwean asylum seekers in receipt of subsistence only support from NASS in Northern Ireland.

4,175 initial decisions were made on asylum applications from nationals of Zimbabwe in 2003, of which 870 were granted asylum, 30 were granted Exceptional Leave to Remain, Humanitarian Protection or Discretionary Leave and 3,275 were refused.

Information on the number of Zimbabwean asylum seekers' cases that are awaiting appeal outcomes is not available and could only be obtained at disproportionate cost.
 
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Those asylum applicants who were initially refused and have subsequently exhausted their appeal rights are not granted refugee status and therefore are not successful in their application for refugee status. It is theoretically possible that an individual submits further representations post-appeal which leads to a grant but such cases are rare. Information on such cases is not currently available and could only be obtained at disproportionate cost.

Information in regard to asylum seekers is published in the quarterly web pages and in the annual statistical bulletin "Asylum Statistics United Kingdom", available from the Home Office Research Development and Statistics Directorate web site at http://www.homeoffice.gov.uk/rds/immigration1 .html

Mr. Battle: To ask the Secretary of State for the Home Department what practical means, with particular reference to air transport, has been arranged for failed asylum seekers to return to (a) Iraq and (b) Zimbabwe; and if he will make a statement. [174250]

Mr. Browne: We announced in February our intention to begin enforced returns to Iraq. We are working to finalise the practicalities of the enforced returns programme, which we will implement as soon as the necessary arrangements are in place.

In addition since July last year the Home Office has been facilitating, without incident, the return of small numbers of Iraqi citizens who want to return home through the International Organisation for Migration.

Zimbabwe is the only country to which, as a matter of policy we do not at present generally enforce the return of failed asylum seekers. This policy is based not on asylum or human rights reasons but on our view that in the wider context of the Government's position on Zimbabwe. It would be inappropriate to return failed asylum seekers applicable at this time.

Mr. Coleman: To ask the Secretary of State for the Home Department what proportion of successful asylum applications were made in this country in 2003; and what proportion of those were denied asylum support under section 55 of the Nationality, Immigration and Asylum Act 2002. [179929]

Mr. Browne: Information on the UK's share of asylum applications in Europe in 2003 that resulted in grants of refugee status (including appeal outcome) is not available. In terms of applications per head of the population, the UK ranked 9th in Europe in 2003.

Information on the proportion of applications in the UK in 2003 that resulted in grants of refugee status is not yet available and could be obtained only at disproportionate cost. Outcomes of applications for asylum depend on the merit of individual cases, and situations in countries of origin.

The eligibility for support under section 55 was considered by the National Asylum Support Service for a total of 14,760 cases in 2003, of which 9,410 asylum seekers (excluding dependants) were notified that they were ineligible. Some applicants notified that they are ineligible for support under section 55, apply nevertheless and these are shown in the published statistics within the "Invalid" support type category.
 
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Information on the numbers refused support under section 55 is not available and could be obtained only at disproportionate cost.

An estimation of the outcomes of applications for asylum in the UK made in 2003, up to and including appeal at the IAA, will be included in the Home Office annual statistical "bulletin Asylum Statistics United Kingdom 2003". It is planned to publish the bulletin at the end of August 2004, and it will be available from the Library or on the Home Office Research Development and Statistics Directorate website at http://www. homeoffice.gov.uk/rds/immigration1.html

Mr. Coleman: To ask the Secretary of State for the Home Department what estimate he has made of the number of asylum seekers denied support under section 55 of the Nationality, Immigration and Asylum Act 2002 in the first quarter of 2004 who claimed asylum within (a) one, (b) two, (c) three and (d) four days of their arrival in the UK. [179931]

Mr. Browne: Section 55 of the Nationality, Immigration and Asylum Act 2002 came into force on 8 January 2003, restricting the availability of NASS support to those asylum seekers who make an asylum application as soon as reasonably practicable. From 17 December 2003 my right hon. Friend the Home Secretary announced that those who could give a credible account that their asylum claim was made within three days of arrival in the United Kingdom will normally be accepted as having applied as soon as reasonably practicable.

The eligibility for support under section 55 was considered by the National Asylum Support Service for a total of 2,650 cases in the first quarter (January–March 2004). The number of asylum seekers, excluding dependants, notified that they were ineligible for NASS support under section 55 of the Nationality, Immigration and Asylum Act 2002 in the first quarter of 2004 was 890. A breakdown of this figure by the number of days taken to claim asylum after arrival in the UK is unavailable and could be produced only at disproportionate cost. Some applicants notified that they are ineligible for support under section 55 apply nevertheless and these are shown in the published statistics within the "Invalid" support type category.

Information on the number of asylum seekers supported by NASS is published in the quarterly web pages and in the annual statistical bulletin "Asylum Statistics United Kingdom", available from the Home Office Research Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/immigration1.html.

Mr. McGrady: To ask the Secretary of State for the Home Department if he will grant asylum applicants from Zimbabwe the right to work while they remain in the United Kingdom. [179998]

Mr. Browne: Generally speaking asylum seekers are not allowed to work while their application for asylum remains outstanding. There remains discretion to grant permission to work in exceptional circumstances. This discretion is exercised sparingly but might be appropriate in cases where an asylum seeker has, through no fault of their own, waited for longer than
 
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12 months for an initial decision on their claim. It would not be appropriate to grant permission to work to asylum seekers based on their nationality.

Mr. McGrady: To ask the Secretary of State for the Home Department how many unsuccessful asylum applicants from Zimbabwe, residing in Northern Ireland, have exhausted all appeal rights but have not been returned to Zimbabwe. [180004]

Mr. Browne: Information on the number of asylum seekers who have exhausted their rights of appeal is not readily available and could only be obtained by examination of individual case files to obtain information on the final outcomes from each tier of the appeal process. This would incur disproportionate cost. No information on the number of unsuccessful asylum seekers awaiting removal is available, partly because some applicants may leave the United Kingdom without informing the Immigration Service.

Mr. McGrady: To ask the Secretary of State for the Home Department how long on average current applicants have had to wait to receive their papers after an asylum application has been granted at (a) initial stage and (b) after appeal. [180005]

Mr. Browne: The information requested is not available and could be obtained only at disproportionate cost.

The latest published statistics show that the speed of processing asylum applications continues to improve significantly. Eighty per cent. of applications (excluding withdrawals and 3rd country cases ¹ ) received in the period April to December 2003 had initial decisions reached and served within two months, compared with 74 per cent. of applications in 2002–03, and 61 per cent. of applications in 2001–02. This exceeded the Government's targets of 65 per cent. for 2002–03 and 60 per cent. for 2001–02, and we are on track to exceed the target of 75 per cent. for 2003–04. In 2002–03, 84 per cent. of applications had initial decisions reached and served in four months, and 87 per cent. in six months.

We are also on track to meet the target of having decisions up to and including appeal made and served on 60 per cent. of applications (excluding withdrawals and 3rd country cases ¹ ) in 2003–04.

Information on the timeliness of initial decisions is published quarterly on the Home Office website at http://www.homeoffice.gov.uk/rds/immigration1 .html.

¹ Cases which may be the responsibility of other EU member states under the Dublin Convention.

Mr. McGrady: To ask the Secretary of State for the Home Department what length of time assessors allow for the scrutiny of an application for asylum. [180009]

Mr. Browne: Each asylum claim is considered on its merits and there is no specific time limit for the scrutiny of an individual claim. However, the Government target is to decide and serve 75 per cent. of new asylum applications within two months of the application date. The latest published statistics show that this target is being met. 80 per cent. of applications (excluding withdrawals and 3rd country cases ¹ ) received in the period April to December 2003 had initial decisions made and served within two months.
 
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The number of older applications awaiting an initial decision is falling (18,100 at the end of March 2004) and with present levels of intake and output is on track to be cleared by the end of this year.

Information on the timeliness of initial decisions is published quarterly on the Home Office website at http://www.homeoffice.gov.uk/rds/immigration1.html.

¹ Cases which may be the responsibility of other EU member states under the Dublin Convention.

Mr. McGrady: To ask the Secretary of State for the Home Department what criteria are used in assessing asylum applications. [180012]

Mr. Browne: Each application for asylum is considered on its individual merits to determine whether the applicant has demonstrated a well founded fear of persecution in his or her country of nationality for one of the reasons set out in the 1951 Refugee Convention. These are reasons of race, religion, nationality, membership of a particular social group or political opinion. The specific facts of the case are taken into account, along with country information and case law relevant to the claim.

Jeremy Corbyn: To ask the Secretary of State for the Home Department what discussions he has held with (a) the Government of Bahrain and (b) governments of other states in the Gulf region concerning Somali people who had sought asylum in Britain and had been deported. [180346]

Mr. Browne: Earlier this year the Immigration and Nationality Directorate signed a Memorandum of Understanding (MOU) with the United Arab Emirates immigration authorities in Dubai to use Dubai airport as a transit point to effect the return of failed asylum seekers and immigration offenders to destinations world-wide including to Somalia.

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