MINISTER
OF STATE
Our Ref: IMG/86 72/1126/81
hcc Mr Fittall
Mr Hyde
Mr Phillips
Mr Wilson
Mr Rawsthorne Mr Burleigh Mrs Lee
HOME OFFICE
QUEEN ANNE'S GATE
LONDON SWIH 9AT
13 February 1986
Son Arthew
Альми
You wrote to me on 22 and 29 October about our response to the Home Affairs Committee's report on refugees and asylum and enclosed with your second letter the BRC's detailed comments on it. I am sorry not to have replied before, but I thought that it might be better to wait until the discussions with officials mentioned in your letter of 29 October had taken place.
As you will know, officials here had what I understand was a very useful meeting on 27 January with Martin Barber and other members of the BRC's Status Working Group, mainly to discuss the third part of the BRC's paper, on refugee procedures. I have received a report of the points that were raised, and perhaps I can use this opportunity to set out my views on them as well as to reply to the specific points raised in your letters.
APPEAL RIGHTS
I understand the BRC's strong feeling that there should be an automatic right of appeal before removal for any person whose asylum application is refused, but as you know, our firm belief is that a piecemeal change in appeal rights to achieve this would greatly increase the number of unfounded applications if this were the only way for a person refused entry at the ports to secure an appeal before removal. What I saw when I visited Canada last year very much confirmed my view on this. I think that this is an issue on which we shall have to agree to differ.
ASYLUM INTERVIEWS
We shall be glad to consult BRC on the guidance that we are preparing for those conducting asylum interviews. It would help in preparing the guidance to know of any particular points that the BRC think should be included.
As regards the records of interviews, we would be reluctant to adopt the BRC's suggestion that the notes of every asylum interview should be agreed with the applicant, if only because of the time that this would add to what is already a lengthy process. We do now attach interview reports to the explanatory statements prepared for appeal hearings, and we should like to await more
We should experience of this initiative before considering further changes. very much welcome the views of BRC's Status Working Group on the practical effect on appeals of the availability of interview reports.
Sir Arthur Peterson KCB MVO
/cont...