Immigration Bill

Written evidence submitted by Association of Asia Pacific Airlines (AAPA) (IB 64)

Summary

The Association of Asia Pacific Airlines (AAPA) welcomes the opportunity to submit comments on the proposed Immigration Bill 2013. In particular, AAPA has queries about Clause 58 and Schedule 7 which provide for a "designated person" to conduct embarkation and documentation checks at border controls.

Draft Immigration Bill 2013

1. The Association of Asia Pacific Airlines (AAPA) welcomes the opportunity to comment on the proposed Immigration Bill 2013 before the Public Bill Committee. Our comments are confined to Clause 58 and Schedule 7 of the proposed Bill, which are the provisions that allow for ‘designated persons’ to carry out embarkation checks on outbound passengers departing from designated airports in the United Kingdom. AAPA understands that the proposed bill aims to enhance United Kingdom’s border security procedures as well as impede the flow of illegal immigrants into the State.

2. AAPA is the trade association of major international airlines based in the Asia Pacific region. Its members consist of All Nippon Airways, Asiana Airlines, Bangkok Airways, Cathay Pacific Airways, China Airlines, Dragonair, EVA Airways, Garuda Indonesia, Japan Airlines, Korean Air, Malaysia Airlines, Philippine Airlines, Royal Brunei Airlines, Singapore Airlines, and Thai Airways International. AAPA members operate numerous scheduled flights to various points in the United Kingdom.

3. AAPA has concerns, in particular, about Clause 58 and Schedule 7 of the proposed Immigration Bill 2013 by the House of Commons. These provisions when read together authorise a "designated person" other than the immigration officer to conduct embarkation checks on outbound passengers at the departure gate.  An outbound check includes basic border examination as well as collection of passengers’ biometric data or other information as prescribed by the Secretary of the State.

4. The language of the current Bill does not provide a clear definition of a "designated person", as well as his or her associated legal liabilities, obligations or protections. Would such a person be considered an employee of the government and hence subject to supervision and control of the Border Agency? Would there be any legal recourse in situations where the actions of the designated person are outside his or her stated scope of responsibilities? AAPA believes that the functions of border control and exit immigration are the sole responsibility of the government and that any person designated to perform this function should have the role, scope, responsibilities and liabilities clearly defined.

5. AAPA and its member airlines look forward to continued dialogue with UK border control agencies on this front. We also welcome the opportunity to work closely with UK border control agencies to implement appropriate procedures in relation to border control processes.

November 2013