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904736
star this property registered interest false more like this
star this property date less than 2018-05-15more like thismore than 2018-05-15
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Deportation: Migrant Workers more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, whether his officials have raised concerns over potentially wrongful deportation of highly skilled migrants under section 322(5) of the Immigration Act in the last twelve months. more like this
star this property tabling member constituency Croydon North more like this
star this property tabling member printed
Mr Steve Reed more like this
star this property uin 144295 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>Paragraph 322(5) of the Immigration Rules is a long-standing provision which provides that applications for leave to remain or indefinite leave to remain should normally be refused where it would be undesirable for a person to remain in the UK in light of their conduct, character or associations, or where they represent a threat to national security. Refusal of an application for leave or indefinite leave to remain does not automatically lead to removal or deportation.</p><p>It is important that the Government retains the ability to refuse an application where we have identified that migrants have given deliberately false information in order to extend their stay or obtain settlement in the UK. It is not the Government’s policy to refuse applications by highly skilled migrants solely due to minor tax errors. Where any discrepancies are identified, applicants are given a right to explain the discrepancy. All such cases are signed off by a manager before refusal grounds are applied.</p><p>The Tier 1 (General) category was intended for highly skilled workers applying to work in the UK without requiring a sponsoring employer. The route was closed in April 2011, partly due to evidence of abuse by migrants using the route. Applications for indefinite leave to remain remained open until April 2018, for those who were in the category at the time it closed.</p><p>We have refused Tier 1(General) applications under paragraph 322(5) where an applicant’s character and conduct call into question their desirability of remaining in the UK. In these cases, refusals have been given where there have been substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision and each application is considered on its own merits.</p><p>As I confirmed to the Home Affairs Select Committee on 8 May, we will carry out a review of these cases to see how many showed clear evidence of deceit, and whether any were refused due to minor errors. So far there is insufficient evidence to suggest there is any systemic problem which may lead to wrongful removals for this group, but this is one area our review will check.</p>
star this property answering member constituency Romsey and Southampton North more like this
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
144296 more like this
144297 more like this
star this property question first answered
less than 2018-05-21T16:22:14.357Zmore like thismore than 2018-05-21T16:22:14.357Z
star this property answering member
4048
unstar this property label Biography information for Caroline Nokes more like this
star this property tabling member
4268
unstar this property label Biography information for Mr Steve Reed remove filter
904738
star this property registered interest false more like this
star this property date less than 2018-05-15more like thismore than 2018-05-15
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Deportation: Migrant Workers more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, whether his ministerial team were made aware of concerns over wrongful deportation of highly skilled migrants under section 322(5) of the Immigration Act on appointment. more like this
star this property tabling member constituency Croydon North more like this
star this property tabling member printed
Mr Steve Reed more like this
star this property uin 144297 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>Paragraph 322(5) of the Immigration Rules is a long-standing provision which provides that applications for leave to remain or indefinite leave to remain should normally be refused where it would be undesirable for a person to remain in the UK in light of their conduct, character or associations, or where they represent a threat to national security. Refusal of an application for leave or indefinite leave to remain does not automatically lead to removal or deportation.</p><p>It is important that the Government retains the ability to refuse an application where we have identified that migrants have given deliberately false information in order to extend their stay or obtain settlement in the UK. It is not the Government’s policy to refuse applications by highly skilled migrants solely due to minor tax errors. Where any discrepancies are identified, applicants are given a right to explain the discrepancy. All such cases are signed off by a manager before refusal grounds are applied.</p><p>The Tier 1 (General) category was intended for highly skilled workers applying to work in the UK without requiring a sponsoring employer. The route was closed in April 2011, partly due to evidence of abuse by migrants using the route. Applications for indefinite leave to remain remained open until April 2018, for those who were in the category at the time it closed.</p><p>We have refused Tier 1(General) applications under paragraph 322(5) where an applicant’s character and conduct call into question their desirability of remaining in the UK. In these cases, refusals have been given where there have been substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision and each application is considered on its own merits.</p><p>As I confirmed to the Home Affairs Select Committee on 8 May, we will carry out a review of these cases to see how many showed clear evidence of deceit, and whether any were refused due to minor errors. So far there is insufficient evidence to suggest there is any systemic problem which may lead to wrongful removals for this group, but this is one area our review will check.</p>
star this property answering member constituency Romsey and Southampton North more like this
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
144295 more like this
144296 more like this
star this property question first answered
less than 2018-05-21T16:22:14.467Zmore like thismore than 2018-05-21T16:22:14.467Z
star this property answering member
4048
unstar this property label Biography information for Caroline Nokes more like this
star this property tabling member
4268
unstar this property label Biography information for Mr Steve Reed remove filter
904737
star this property registered interest false more like this
star this property date less than 2018-05-15more like thismore than 2018-05-15
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Deportation: Migrant Workers more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, when his Department first became aware that some highly skilled migrants could potentially face wrongful deportation under section 322(5) of the Immigration Act. more like this
star this property tabling member constituency Croydon North more like this
star this property tabling member printed
Mr Steve Reed more like this
star this property uin 144296 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>Paragraph 322(5) of the Immigration Rules is a long-standing provision which provides that applications for leave to remain or indefinite leave to remain should normally be refused where it would be undesirable for a person to remain in the UK in light of their conduct, character or associations, or where they represent a threat to national security. Refusal of an application for leave or indefinite leave to remain does not automatically lead to removal or deportation.</p><p>It is important that the Government retains the ability to refuse an application where we have identified that migrants have given deliberately false information in order to extend their stay or obtain settlement in the UK. It is not the Government’s policy to refuse applications by highly skilled migrants solely due to minor tax errors. Where any discrepancies are identified, applicants are given a right to explain the discrepancy. All such cases are signed off by a manager before refusal grounds are applied.</p><p>The Tier 1 (General) category was intended for highly skilled workers applying to work in the UK without requiring a sponsoring employer. The route was closed in April 2011, partly due to evidence of abuse by migrants using the route. Applications for indefinite leave to remain remained open until April 2018, for those who were in the category at the time it closed.</p><p>We have refused Tier 1(General) applications under paragraph 322(5) where an applicant’s character and conduct call into question their desirability of remaining in the UK. In these cases, refusals have been given where there have been substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision and each application is considered on its own merits.</p><p>As I confirmed to the Home Affairs Select Committee on 8 May, we will carry out a review of these cases to see how many showed clear evidence of deceit, and whether any were refused due to minor errors. So far there is insufficient evidence to suggest there is any systemic problem which may lead to wrongful removals for this group, but this is one area our review will check.</p>
star this property answering member constituency Romsey and Southampton North more like this
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
144295 more like this
144297 more like this
star this property question first answered
less than 2018-05-21T16:22:14.42Zmore like thismore than 2018-05-21T16:22:14.42Z
star this property answering member
4048
unstar this property label Biography information for Caroline Nokes more like this
star this property tabling member
4268
unstar this property label Biography information for Mr Steve Reed remove filter
904763
star this property registered interest false more like this
star this property date less than 2018-05-15more like thismore than 2018-05-15
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Home Office: Compensation more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, how much his Department has paid in compensation for (a) wrongful detentions and (b) wrongful deportations in each year since 2010. more like this
star this property tabling member constituency Croydon North more like this
star this property tabling member printed
Mr Steve Reed more like this
star this property uin 144298 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>Part (a): For FY 2010/11 and 2011/12, the Home Office does not hold the information in the format requested. Our ledger will not allow us to provide this level of detail for that Financial Year</p><p>Taking “wrongful” to be equivalent to “unlawful”, compensation for unlawful detention claims for FYs 2012/13 onwards are included in the table below:</p><p>Unlawful Detention Claims Paid</p><table><tbody><tr><td><p>Year</p></td><td><p>£m</p></td></tr><tr><td><p>2016/17</p></td><td><p>3.3</p></td></tr><tr><td><p>2015/16</p></td><td><p>4.1</p></td></tr><tr><td><p>2014/15</p></td><td><p>4.0</p></td></tr><tr><td><p>2013/14</p></td><td><p>4.8</p></td></tr><tr><td><p>2012/13</p></td><td><p>5.0</p></td></tr></tbody></table><p>These figures were provided under previous PQ UIN 121985.</p><p>Part (b): No data held</p> more like this
star this property answering member constituency Romsey and Southampton North more like this
star this property answering member printed Caroline Nokes more like this
star this property question first answered
less than 2018-05-21T14:29:42.623Zmore like thismore than 2018-05-21T14:29:42.623Z
star this property answering member
4048
unstar this property label Biography information for Caroline Nokes more like this
star this property tabling member
4268
unstar this property label Biography information for Mr Steve Reed remove filter