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Immigration: Taxation

Home Office written question – answered on 27th June 2018.

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Photo of Afzal Khan Afzal Khan Shadow Minister (Home Office) (Immigration)

To ask the Secretary of State for the Home Department, pursuant to the oral contribution of the Minister for Immigration of 4 June 2018, Official Report, column 5, how many of the tax discrepancies penalised under paragraph 322(5) of the immigration rules have been in the tens of thousands of pounds; and at what level of discrepancy paragraph 322(5) can be applied.

Photo of Afzal Khan Afzal Khan Shadow Minister (Home Office) (Immigration)

To ask the Secretary of State for the Home Department, what the timetable is for the completion of his Department's review of the use of paragraph 322(5); and if he will publish the findings of that review.

Photo of Afzal Khan Afzal Khan Shadow Minister (Home Office) (Immigration)

To ask the Secretary of State for the Home Department, what the terms of reference are for his Department's review of the use of paragraph 322(5) of the Immigration Rules.

Photo of Afzal Khan Afzal Khan Shadow Minister (Home Office) (Immigration)

To ask the Secretary of State for the Home Department, with reference to his letter to the Chair of the Home Affairs Committee, published on 29 May 2018, whether his Department has contacted any of the 18 people who were refused Indefinite Leave to Remain; and whether his Department's review of paragraph 322(5) of the Immigration Rules will consider the accuracy of decisions on those cases.

Photo of Afzal Khan Afzal Khan Shadow Minister (Home Office) (Immigration)

To ask the Secretary of State for the Home Department, with reference to his letter to the chair of the Home Affairs Committee, published on 29 May 2018, how many of the 189 appeals against a refusal on paragraph 322(5) grounds were successful.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

Our review of applications by Tier 1 (General) migrants who were refused under paragraph 322(5) of the Immigration Rules is ongoing

As I stated in my letter to the Chair of the Home Affairs Select Committee of 21 June, the first stage of the review was concluded by the end of May and I expect the remaining cases to be reviewed within the next few weeks. I will report the full findings of the review to the Committee as soon as possible thereafter

I also stated in that letter that, of the initial 281 cases reviewed, 249 applicants amended their HMRC records by more than £10,000. In many of the remaining cases, though the differences were less than £10,000, they were nevertheless substantial

There is no specific threshold which would lead to a refusal under paragraph 322(5). Caseworkers consider all the available evidence in the round when assessing an applicant’s character and conduct

Figures, particularly those in relation to legal challenges (which require a manual trawl of individual case records) are subject to change while the review is ongoing. We will therefore not be providing a breakdown or a running commentary, and it would be inappropriate to do so in relation to current litigation. We will provide more detailed information in relation to legal challenges in our final report.

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