MR. Omid Farivar

Part of the debate – in the House of Commons at 6:18 pm on 23 March 2006.

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Photo of Tony McNulty Tony McNulty Minister of State (Immigration, Citizenship and Nationality), Home Office 6:18, 23 March 2006

I congratulate my right hon. Friend Clare Short on her success in securing the slot for an Adjournment debate today. As she knows, these occasions provide Members with an opportunity to raise in some detail on the Floor of the House issues of a constituency nature. I have to say, for reasons that I will discuss, that I was a little disappointed by her choice of subject, not least because, as she knows only too well, we have been in fairly regular correspondence about the case to which she refers.

I have, as my right hon. Friend knows, taken the time to respond in some detail about the case. However, as a matter of principle, it would not be right for me to discuss on the Floor of the House or in any other public forum the particular circumstances of this or any other asylum case, and I will not do so today. I also consider it inappropriate to discuss this case on the Floor of the House because the applicant's legal representatives have applied for the case to be heard before the High Court under judicial review, and that application remains outstanding. In that context, it simply is not proper for me to discuss the substance or the individual circumstances of the case. I receive numerous requests from MPs to meet and discuss specific cases, and where appropriate I do so. I also receive numerous requests to use my limited discretion, and where appropriate I do so.

I do not agree with my right hon. Friend's contention that there is a growing unwillingness to listen to cases or a hardening of attitude at the Home Office, for reasons that I shall outline as I set out the broad general principles.

My right hon. Friend is more than aware that asylum and human rights applications are considered by the Home Office on their individual merits, in accordance with our obligations under the 1951 UN refugee convention and the European convention on human rights. When cases are assessed as well founded, we provide protection by granting asylum to those who meet the definition of a refugee under the 1951 convention, and by granting humanitarian protection to people who are not refugees but who would face a serious risk to life or person arising from torture, inhumane or degrading treatment or punishment, the death penalty or unlawful killing, and who are not subject to specified exclusion criteria.

Each application is considered against the background of the latest available information about the situation in the country of origin. Full account is taken of the ability of the individual concerned to reside safely in other parts of their country when it is not safe for them to return to their home area. By the bye, however busy I am—and I do not deny that everyone is busy—I take each and every case that comes before me extremely seriously, and read them in as much detail as necessary.

The Government firmly believe that the right approach is to continue to assess carefully the protection needs of individuals on an individual basis. Similarly, returns are taken forward on a case-by-case basis. We enforce the return of an individual only when we are satisfied that to do so would not put the person at risk.

As my right hon. Friend knows, since the new single-tier appeal system was introduced in April 2005, unsuccessful applicants have been able to appeal to the Asylum and Immigration Tribunal. If unsuccessful at appeal, an applicant may submit an application to the tribunal for a review of the decision. The AIT is an independent body established by Parliament to adjudicate on matters of that kind, and I would not normally intervene where an applicant's appeal had been dismissed by the tribunal, except in the most compelling circumstances. In cases where an applicant still has an avenue of appeal, such as an application for judicial review of an immigration decision, it would not be appropriate for a Minister to intervene.

As my right hon. Friend knows, the Government expect all asylum seekers found not to be in need of international protection to return to their country of origin. Help and advice for those who want to return voluntarily can be obtained from the immigration office dealing with the applicant's case. Alternatively, such help and advice can be obtained from the International Organisation for Migration, which is an independent body.