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of receipt, and that most appeals to adjudicators would be heard within a
further four months. Both these targets reflect average process times and the
Government expects that many cases would be dealt with more quickly. To
achieve such targets, the Government will need to successfully implement the
Casework Programme. The Government considers that economic migrants abuse the
refugee claims system because its inefficiency allows them to remain in
the United Kingdom for years. A faster system with more certain removal at
the end of the process would deter abuse significantly;
(b)
Legal representation at asylum interviews. The Government
considers that for swift and fair decision-making there is no need to make
provision in all cases for legal representatives to be present at asylum
interviews. The Government considers the asylum interviews to be essentially
a fact-finding exercise, designed to enable the asylum claimants to state, in
their own words, why they fear persecution in their own country;
(c)
Post-interview representations. The Government indicates in the
White Paper that it wishes to standardize the time period within which an
asylum seeker would be required to make a post-interview representation. The
period of five days has been proposed. In exceptional cases, however, this
period may be extended;
(d)
Support arrangements for asylum seekers. The support system,
according to the Government, must serve the following objectives:
(i)
(ii)
(iii)
To ensure that genuine asylum seekers are not left
destitute, while containing costs through incentives for
asylum seekers to rely first on their own means, or on those
of their communities, for support;
To provide for asylum seekers separately from the main
benefits system; and
To minimize the incentive to economic migration,
particularly by minimizing cash payments to asylum seekers.
II.
THE LEGAL REGIME:
A.
ESSENTIAL ELEMENTS
The Immigration Act
9.
Paragraphs 16 to 18 of Schedule 2 of the Immigration Act, 1971 lay down
the conditions and circumstances in which a person may be detained by an
immigration officer and matters relating thereto. These paragraphs are set
out hereunder:
“Detention of persons liable to examination or removal
“16.(1) A person who may be required to submit to examination under
paragraph 2 above may be detained under the authority of an immigration
officer pending his examination and pending a decision to give or refuse
him leave to enter.