1 Introduction
1. On 28 February 2003, we announced that we would
be holding an inquiry into the immigration and asylum appeals
process.
2. We have received written submissions from a large
number of witnesses, both before the introduction of the Asylum
and Immigration (Treatment of Claimants etc.) Bill on how the
system was working at that time and also once the Bill had been
introduced on the proposals contained within the Bill. We took
oral evidence at four meetings, from the witnesses listed on page
44.
3. The aim of the inquiry was:
- To consider the effects of
the Nationality, Immigration and Asylum Act 2002 and whether it
has produced any significant efficiency savings and/or improved
the quality of the appeals process;
- To examine the proposed structural changes to
immigration and asylum appeals, including the extent to which
the efficiency of the Immigration Appellate Authority can be improved
without any corresponding improvement in the quality of Home Office
decision-making;
- To consider the costs and benefits of compressing
the appellate structure into a single tier and to examine the
implications of excluding further appeals to the higher appellate
courts and of excluding judicial review as proposed by the Asylum
and Immigration (Treatment of Claimants, etc.) Bill;
- To study the extent to which "non-suspensive"
(i.e. out of country) appeals provide an adequate right of appeal
and to study the quality of legal advice and representation which
is provided to those claiming asylum or seeking to challenge an
immigration decision; and
- To examine the system of immigration appeals
and in particular family visitor appeals. In that context, the
Committee undertook a visit to India and Turkey.
4. Originally, we had intended to examine the costs
to public funds of supporting new appeals structures, such as
the Asylum Support Adjudicators, and of supporting the extension
of legal aid. This matter was overtaken in part by the Government's
subsequent proposals relating to appeal structures in the Asylum
and Immigration (Treatment of Claimants, etc.) Bill. We reported
specifically on Legal Aid and asylum in our Fourth Report last
Session.[1]
5. We are most grateful to all our witnesses. We
travelled to India and Turkey in the course of the inquiry. We
thank all those who assisted us there. We also wish to thank our
specialist advisers, Chris Randall, a solicitor at Bates, Wells
and Braithwaites and Dr Robert Thomas, a law lecturer at the University
of Manchester.
1 Fourth Report of Session 2002-03, Immigration
and Asylum: the Government's proposed changes to publicly funded
immigration and asylum work, HC 1171 Back
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