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Immigration Control House of Commons Home Affairs Committee Immigration Control Fifth Report of Session 2005–06 Volume I Report, together with formal minutes Ordered by The House of Commons to be printed 13 July 2006 HC 775–I Published on 23 July 2006 by authority of the House of Commons London: The Stationery Office Limited £20.00 Home Affairs Committee The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Home Office and its associated public bodies; and the administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers). Current membership Mr John Denham MP (Labour, Southampton, Itchen) (Chairman) Mr Richard Benyon MP (Conservative, Newbury) Mr Jeremy Browne MP, (Liberal Democrat, Taunton) Mr James Clappison MP (Conservative, Hertsmere) Mrs Ann Cryer MP (Labour, Keighley) Mrs Janet Dean MP (Labour, Burton) Mr Shahid Malik MP (Labour, Dewsbury) Margaret Moran MP (Labour, Luton South) Gwyn Prosser MP (Labour, Dover) Bob Russell MP (Liberal Democrat, Colchester) Martin Salter MP (Labour, Reading West) Mr Richard Spring MP (Conservative, West Suffolk) Mr Gary Streeter MP (Conservative, South West Devon) Mr David Winnick MP (Labour, Walsall North) The following Members were also Members of the Committee during the inquiry: Colin Burgon (Labour, Elmet) Nick Harvey (Liberal Democrat, North Devon) Nick Herbert (Conservative, Arundel and South Downs) Steve McCabe (Labour, Birmingham Hall Green) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/homeaffairscom. A list of Reports of the Committee since 2001 is at the back of this volume. Committee staff The current staff of the Committee are Dr Robin James (Clerk), Mr Mark Etherton (Second Clerk), Kate Akester (Adviser (Sentencing Guidelines)), Martha Goyder (Committee Specialist), Ms Arabella Thorp (Immigration Control Inquiry Manager), Mr Ian Thomson (Committee Assistant), Jenny Pickard (Secretary) and Alison Forrester (Senior Office Clerk). Contacts All correspondence should be addressed to the Clerk of the Home Affairs Committee, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general enquiries is 020 7219 3276; the Committee’s email address is [email protected] . Footnotes In the footnotes of this Report, references to oral evidence are indicated by ‘Q’ followed by the question number. All oral evidence for this inquiry is printed in Volume III. References to written evidence are indicated by the page number as in ‘Ev 12’ (written evidence published in Volume II is indicated as in ‘Ev 12, HC 775–II, and written evidence published in Volume III is indicated as in ‘Ev 12, HC 775–III). Immigration Control 1 Contents Report Page Summary 4 1 Introduction 7 The Committee’s inquiry 7 2 Context 8 Increasing numbers of migrants 8 International migrants 8 Migration to the UK 9 Temporary migration 11 Settlement 12 Impact of migration 13 Controlling entry 16 Historical background 16 Immigration rules 17 Immigration authorities 17 The Government’s current aims 18 Illegal immigration 21 Root causes of illegal migration 21 Numbers of illegal migrants 22 Categories of illegal migrant 23 The need to tackle illegal migration 24 3 Controls overseas 25 The entry clearance operation 26 The application process: outsourcing 29 Information and advice for applicants 30 Decision-making 34 Training and monitoring 38 Internal reviews 40 Entry clearance targets 40 Access to information 43 Tackling forgery and fraud 45 Fingerprinting visa applicants 47 Previous recommendations 49 4 Border controls 51 Exporting the border 51 Checks on arriving passengers 55 5 Immigration decisions taken in the UK 57 The application process 58 Decision-making, training and monitoring 58 IND targets 60 2 Immigration Control Access to information 61 Management and structures 62 Policy development 63 Internal corruption 63 6 Specific categories 64 Students 64 Student immigration applications 66 New IND units 67 Responsibility of DfES 68 Children 70 Trafficking 71 Private fostering 73 Detention and removal 74 Spouses 75 Genuine marriage applications 76 Forced marriage cases 77 Abusive marriages 80 Sham marriages 81 7 Appeals 84 Lack of mutual confidence 85 Reviewing refusals before appeal 85 New evidence 86 Interpretation 87 Case Management Reviews 88 Paperwork 89 A one-tier system? 89 Representation 91 Home Office representatives 91 Appellants’ representatives 93 Teething problems 95 Removing appeal rights 97 8 Enforcing the controls 98 The need for effective enforcement 98 Current enforcement efforts 99 Enforcement priorities 100 Aligning enforcement with decision-making 103 Increasing the number of removals 105 Reintroducing embarkation controls 107 Gathering information 108 Illegal working 109 A regularisation scheme? 113 9 Customer service 115 Levels of fees 116 Delays 117 Checking progress of applications 118 Immigration Control 3 Handling complaints 119 10 Deportation of foreign national prisoners 122 Causes of the problem 122 Rising numbers of foreign prisoners 122 Warnings were ignored 123 Serious implications were not recognised 124 Two aspects of policy 125 11 Lessons to be learnt 127 A culture of accountability 127 Joining up 128 Within the immigration system 128 Within the Home Office 129 Across Government 130 Improving management information and statistics 131 Targets 133 Asylum targets 134 Isolated targets 135 Speed targets 136 Misdirected targets 136 Guidance 137 Following up recommendations 138 Oversight: an Independent Immigration Inspectorate? 139 12 Conclusions 140 List of conclusions and recommendations 141 Annex: Recent official reports on immigration and asylum 160 List of abbreviations 162 Formal minutes 163 Witnesses 164 List of written evidence 166 Reports from the Home Affairs Committee 169 4 Immigration Control Summary Modern patterns of migration pose particular challenges for the Government. We believe that facilitating travel for tourists, family members, students, businesspeople and workers who meet labour needs that cannot otherwise be met is essential to our national interests. The Immigration and Nationality Directorate (IND) and UKvisas must offer these people a high level of service and cannot simply be organisations designed to exclude people from the country. At the same time, we share the public expectation that the Government must minimise the number of those able to abuse the immigration system. Although the numbers are inevitably uncertain, it is quite clear that a substantial proportion of illegal migration arises from those who originally entered the country legitimately and legally but who subsequently failed to comply with their leave. As the immigration system aims, rightly, to facilitate legal migration for ever greater numbers of travellers, it is inevitable that illegal migration will continue to be fuelled by those who become illegal once in the country. This represents one of the more fundamental changes to the purpose of the immigration system in the twenty-first century. The focus can no longer remain so heavily weighted towards initial entry and border control. While these controls must be sustained and indeed improved, far greater effort will in future have to go into the enforcement of the Immigration Rules within the UK. A major test of the Government’s new approach to the IND will be the extent to which it has recognised the importance and implication of this change. It is clearly beneficial to everyone to invest in getting decisions correct at the initial stage. Refusing applications which should have been allowed is not good customer service, can have significant consequences for applicants and their family and friends, and can lead to increased costs further down the system (from complaints, appeals or fresh applications). On the other hand, allowing applications which should have been refused weakens the control and public confidence in it and may increase the risk of overstaying and other forms of illegal migration. Measures that lower the cost of front-line staff at the expense of quality are not likely to be cost-effective. The Immigration Rules should be consolidated and redrafted to provide a clear, comprehensive and realistic framework for decisions. But it must also be recognised that there will always be questions of judgment over what weight to give pieces of evidence, as well as situations which are not precisely covered by the rules. Entry Clearance Officers and IND caseworkers must be supported with enough training, guidance and experience to exercise their judgment where this is required, and should be regulated to a standard equivalent to that for advisers who do publicly-funded immigration work. Whilst it is right to take pride in the speed of decision-making, there is evidence that this is happening at the expense of quality: targets must allow more time to make decisions and to justify them robustly. UKvisas should work with individual posts to determine local targets that are appropriate
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