House of Commons questions on Asylum and Immigration

MPs ask questions on examining new evidence and time limit for detentions

• Posted on Apr 27, 2009

3) Asylum [examine new evidence]
House of Commons / 23 Apr 2009 : Column 850W
http://tinyurl.com/c6jxjr

Martin Horwood: To ask the Secretary of State for the Home Department what procedures are in place to enable UK Border Agency caseworkers to examine new evidence in respect of individuals seeking asylum.

Mr. Woolas [holding answer 22 April 2009]: The procedure followed by UK Border Agency case owners in examining new evidence in respect of individuals seeking asylum depends on the stage the asylum claim has reached when the new evidence comes to light. If the individual's asylum claim is outstanding, the new evidence will form part of the initial consideration.
If the individual has had an initial decision on their asylum claim, but they have an appeal outstanding, they may have a reconsideration of the original decision by the UKBA case owners, or the new evidence may be considered at appeal by an immigration judge, depending on the similarity of the new evidence to that which has previously been considered. If the individual has come to the end of the asylum process and has exhausted their appeal rights, any new evidence put forward will be considered under paragraph 353 of the Immigration Rules.

4) Detainees: Immigration [No time limit for detention
House of Commons / 23 Apr 2009 : Column 854W
http://tinyurl.com/c3jt5f

Chris Huhne: To ask the Secretary of State for the Home Department if she will review the UK's opt-out from the EU returns directive; and if she will adopt a maximum time limit for the detention of illegal immigrants. [264766]

Jacqui Smith: While the United Kingdom has not opted-in to this directive, we agree that a collective approach to removal would have advantages. However, we are not persuaded that this directive delivers the strong returns regime that is required for dealing with irregular migration. We prefer to formulate our own policy in line with retaining control over conditions of entry and stay; including the returns procedure. Our current practices on the return of illegal third country nationals are in line with the prescriptions of the directive.
Detention is a final option and is only used for the shortest period necessary. Every decision to detain is taken on a case by case basis and we do not have a maximum time limit.

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