Further supplementary memorandum submitted
by the Home Office
QUESTION 93 (MR
JENKINS): A NOTE
ABOUT RECOMMENDATION
VII, WHICH STATES
"THE DIRECTORATE
SHOULD EVALUATE
PROMPTLY ANY
NEW INFORMATION
IT RECEIVES
FROM THIRD
PARTIES REGARDING
POTENTIALLY FRAUDULENT
APPLICATIONS
IND has recently introduced new procedures for handling
allegations about potentially fraudulent applications. The processes
ensure that information is available to the most relevant part
of the business, as promptly as possible, so that it can be taken
into account in deciding the next stage of an application. Most
allegations are received in a central unit and then sent to the
most appropriate intelligence unit to be evaluated.
The procedures ensure that IND meets its legislative
obligations over handling such information and its duty of care
to protect the individuals who supply it. About 2,000 allegations
are received by IND every month. Not all information received
is actionable, as there may be insufficient detail to identify
specific individuals.
Handling of allegations about asylum fraud
As part of the effort to target fraud in the asylum
system, IND has set up an intelligence unit in the Asylum Casework
Directorate. The unit has lead responsibility for collating information
on asylum abuse. When information is received that a particular
applicant is not genuine the unit sanitises the information to
protect the identity of the source, and if appropriate disseminates
a report to the officer dealing with the application.
Information received through allegations cannot be
used directly in making a decision, cannot be referred to in any
refusal, and cannot be used in any appeal. However if high quality
information is provided it may allow the interviewing officer
to spend more time over the interview, to ask specific questions,
or to question in more detail specific aspects of the applicant's
account.
Sometimes the information received is of sufficient
quality to allow specific checks to be made which cast doubt on
an applicant's account. It may for example help show that an applicant
applied for a visa in a different identity. It is ultimately up
to the asylum caseworker to weigh information provided by the
applicant along with any information that can be used from other
sources, and make a decision on whether or not asylum should be
granted
Where allegations specifically refer to a multiple
applicant these are referred to a specialist team who double check
for fingerprint matches. However most multiple applicants are
identified through routine finger print matches rather than allegations.
Where individuals or organisations are identified
as involved in fraud, either through intelligence or identified
as a multiple applicant through a finger print match, prosecution
action is considered, and the case is referred to an IND prosecution
unit.
Information about organisations or legal advisors
may also be disclosed to the regulators, such as the Office of
the Immigration Services Commission and the Legal Services Commission,
for their consideration.
17 January 2005
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