Agency refuses to reply to MSP’s letter about an asylum seeker

By Tim Pauling

Published: 21/04/2010

THE UK Border Agency refused to answer an MSP’s letter about an asylum seeker, claiming that immigration is outside his jurisdiction, it has emerged.

Aberdeen North SNP MSP Brian Adam wrote to the agency on behalf of a constituent who has lived in Aberdeen for years but is worried he will not be allowed to stay in the country.

But Mr Adam received a reply stating that Home Secretary Alan Johnston had instructed that the agency should engage only with MPs in individual immigration cases.

The letter said: “I would be grateful if your constituent requires further assistance, that you direct them to their Westminster MP.”

But an incredulous Mr Adam said because of the general election there are no MPs to take up his constituent’s case.

Mr Adam said: “I am extremely disappointed at the attitude taken by the home secretary and the UK Border Agency that they will not respond to MSPs.

“We are democratically elected to represent the people. The UK Government and public bodies should respect that and respond accordingly.

“It would be ludicrous if (Health Secretary) Nicola Sturgeon refused to respond to an MP on a matter relating to health or the NHS. The Scottish Government respects MPs, why can’t the UK Government do the same for MSPs.”

The letter Mr Adam received stated that the home secretary took the view that as immigration is a matter reserved to Westminster, the agency should only deal with MPs in immigration cases.

“The UK Border Agency currently receives in excess of 60,000 letters and 24,000 phone calls from MPs. Responding to these require significant resources from within the agency,” it said.

“Our approach to correspondence from devolved administrations reflects the need for improved efficiency by reducing the duplication of correspondence.”

The agency said that while there are no MPs it will consider on an individual basis, approaches from MSPs which concern urgent immigration matters such as the “imminent removal from the UK”.