Update on the Immigration, Asylum and Nationality Bill
The loss of rights for international students? Write to a Lord to stop it!
What's in the Bill?
Measures to strengthen UK borders and to prevent illegal working are at the heart of the Immigration, Asylum and Nationality Bill. The Bill is part of the on-going implementation of the Government's five year strategy on immigration and asylum, 'Controlling our borders: Making migration work for Britain' published in February, which will ensure strict immigration controls. The Bill takes forward those elements of the strategy that require primary legislation
Several measures are of interests to international students:
APPEALS
Variation Appeals
The Immigration, Asylum and Nationality Bill will mean no more in-country appeals for students refused a variation (including an extension) of their existing leave. An exception is made for people with existing leave as refugees. An appeal against the decision to remove will remain but this will only be heard once the person has left the UK, and thus left their job, course of study, marriage or other partnership.
Students refused a variation of leave, whether or not their appeal against the refusal is in-country (human rights cases), will become an overstayer on receipt of the refusal to vary leave or when their original leave expires, whichever is the earlier. As such they will be unable to work or receive benefits or health care, and will be liable to detention and removal, with endorsement of their passport as an overstayer on leaving the country.
NUS says…
- It is misleading to say people will still have a right of appeal, against removal, when they will only have it once they have left.
- Home Office decision-making is often poor. One third of appeals against refusal of leave succeed, even with current levels of scrutiny and precedent setting by the courts. Rather than removing appeal rights, decision-making needs to be improved, and subject to greater scrutiny.
- The rights at stake are important: the right to pursue an education or training must be upheld.
Entry Clearance and refusal of entry appeals
Students’ rights of appeal in entry clearance cases (where people are refused a visa) is abolished in the Bill.
NUS says...
- The matters at stake in the other appeals under threat are important: for example opportunities to study and to work.
- Given the quality of decision-making, we need more appeals in this area, not fewer.
What you can do:
The Bill goes to the Lords on Tuesday the 6th of December. We advise you to write to a Lord (choose the Lord you want to lobby!).
Please find a copy of the model letter you can send to him/her.
Download model letter: right of appeal
Send the letter to your choosen Lord at:
House of Lords
LONDON
SW1A 0PW
Before the 30th of January 2006.
Return to this campaign's homepage or view all articles in this campaign.