IMMIGRATION Minister Caroline Nokes may have misled MPs, it has been claimed. Concerns have been raised after Nokes, who was appointed to the role in January, appeared at a Westminster debate on Wednesday as angry MPs demanded answers for their constituents.
In an charged session in Westminster Hall, MPs from across the political spectrum told how professionals they represent had their lives thrown into disarray over corrections to their tax returns.
The session heard how an accountant with three children was left dependent on charity to avoid eviction after losing her right to work. And that an architect was given an £8000 bill for his partner’s medical treatment as she waited to give birth.
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One said their constituent had been unable to detect the mistake made by an accountant due to dyslexia, while another missed an error while suffering from depression.
All of those mentioned had applied for long-stay residence after coming to the UK to learn and work.
Many had been paying taxes for years before being penalised under controversial clause 322.5, which allows officials to reject permit applications for reasons of bad character, criminality or involvement with terrorism. Two brothers, the debate heard, had been knocked back due to minor adjustments of £1.20 and £1.60.
Speaking in the Lords on Thursday, a former financial secretary to the Treasury, Lord Taverne, called the situation “a national scandal”.
Now questions have been asked about the statement given to MPs by Nokes on Wednesday, when she defended the Government’s handling of the row.
Championing the Home Office’s “very thorough approach” in a review called by Home Secretary Sajid Javid, she said around 2000 cases are being checked.
And while many have already been subject to legal challenge, Nokes said not a single one had been successful at judicial review. However, Highly-SkilledUK, the campaign group leading protests on the issue, says it is aware of numerous successes at this level.
And one barrister has confirmed to The National that he handled one such win.
Nokes stated: “We are aware of 427 appeals and judicial reviews in progress. Many are still outstanding, but no applicants have been successful at judicial review.”
When asked for clarification about Nokes’s statement following the claims, the Home Office said: “If that’s what she said, it’s correct.”
When pressed, a press officer suggested that if the Home Office had appealed any successful judicial review, it would no longer be classed as successful.
However, Craig Holmes of Kenworthy’s Chambers, based in Manchester, said: “There was no appeal in our case. I have no doubt the Home Office will view things like that, that if they are trying to appeal then they do not consider that an applicant has been successful, but in reality that is a distortion of the true position.
“A judgement against a party does not cease to exist because that party disagrees with it and seeks to appeal it. Rather, it stands until it is set aside by an appeal court. So, as a statement of the law, the [Home Office] comment is not accurate.”
Glasgow Central MP Alison Thew-liss, who brought Wednesday’s debate and represents several constituents affected by 322.5, voiced concerns about Nokes’s statement and plans to press for further answers.
The SNP MP said: “It’s obviously very concerning that she either doesn’t know the full facts or she misled the house.”
Last month, Home Affairs Select Committee chair Yvette Cooper hit out after a newspaper revealed letters written by Nokes that seemed to contradict evidence given to the committee on the issue.
Nokes had told the panel she lacked detailed knowledge over tax-related refusals because the matter had been “flagged up” just two days earlier. But letters written to MPs in March included detailed responses.
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