Clause 11 - Unfounded human rights or asylum claim
Asylum and Immigration (Treatment of Claimants, etc.) Bill
9:10 am
Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)
I agree that the hon. Gentleman did not oppose this particular measure in principle, although I recollect that he had some comments to make during the passage of the Nationality, Immigration and Asylum Bill. To the Liberal Democrats I simply say, in a spirit of trying to work together, that we have to remember the big picture and what we are trying to achieve here. Like some of my hon. Friends, I would like to hear some comments from Opposition Members that reflect their concern both for genuine refugees and a system that works for them and for the people whom they represent, the members of the British public, many of whom are from minority ethnic groups and whose relationship with their communities is being damaged because people do not have confidence in the system.
The limitations imposed by the amendment are not appropriate. Some examples will quickly illustrate that. Were the amendment to be passed, an applicant could simply deny that they were a man. They might look like a man but they could say that they were not, and the clause would be inoperable as most asylum seekers have no documents with them that would tell us legally that they were a man. A similar argument could apply where a person simply denied that they spoke a certain language and refused to speak. How could we make them? We have no documentary evidence that they speak that language.
The right way to approach the matter is to place a general requirement on the Secretary of State to be satisfied that a person is within a given description. That is how section 94 of the 2002 Act operates, where a Secretary of State is deciding whether a person is resident. Clearly, unless we are satisfied that that condition is met, we will not proceed. As the hon. Member for Somerton and Frome (Mr. Heath) acknowledged, a condition not being met is a matter that can be raised in court and in tribunal proceedings.
Nothing in clause 11 affects the current position that every asylum or human rights claim is considered, and will be considered, on its individual merits. Therefore, when a person is a resident of a country designated in respect of certain categories of person and fits one of those categories, their claim will still be properly assessed. The consequence of fitting one of the categories is that, if the person's claim were refused, it would have to be certified as unfounded, with the consequential impact that that would have on any appeal.
On that basis, I urge the hon. Gentleman to withdraw the amendment. I cannot accept it, and I hope he can see from some of the examples I have given that it would make section 94 and clause 11 inoperable.