Clause 7 - Failed asylum seekers: withdrawal of support
Asylum and Immigration (Treatment of Claimants, etc.) Bill
10:30 am
Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)
To answer the first question, the decision is, as a result of the way in which the clause is written, an Executive decision, so if a change of circumstance changed the basis on which the certificate was given, as in the examples outlined by hon. Members, it would be possible to reconsider the certification. However, it would have to be a complete change in circumstances. On the second question, I had already concluded, for two reasons—not least a smooth administrative process—that it might be preferable to have an appeal mechanism. However, there would be constraints on that appeal, in that it would have to relate only to certification of withdrawal of support. All other things being equal and remaining
the same, the adjudicator would not allow a reopening of the asylum claim, and enforced removal could not be prevented, because of the claimant's removability.
We must be able to proceed to an enforced removal, notwithstanding the appeal against certification, if that course is open to us. I hope that hon. Members will allow me to take this away and continue the work that we have been doing. I want to come back to the Committee with something that will enable an appeal to the adjudicator. I do not want the process to be elongated too much, or to allow further drift—to which I referred in my earlier remarks about 14 days, and our general discussion about time periods.
With those remarks, I hope that the hon. Gentleman will withdraw the amendment, and allow me to come back on Report with something that will accommodate my aspirations to build a fair and robust process that allows us to remove more families, but also meets the Committee's objectives.