The Home Affairs Committee asks for quarterly data from the UK Border Agency about its performance against a set of key indicators. This Report analyses data from July-September 2012, or 'Q3 2012'. This report is divided into two sections, the first focusing on the Agency's handling of the asylum and immigration backlog and the accuracy of the information it provided to this Committee on its work in this area. The second section assesses the Agency's performance across the main areas of its work by comparing on a quarterly basis its progress against a set of 'key indicators'.

Government response to HC 71, session 2012-13 (ISBN 9780215047304)

In this Home Affairs Committee's report into the Work of the UK Border Agency, it criticises the Agency for failing to deport more than 600 foreign national prisoners who were released between 1999 and 2006 and are still in the country and for failing to clear the "controlled archive" of lost applicants. At the current rate it will take a further 4 years to close all cases. The Committee found that the Agency has still not resolved all of the asylum 'legacy' cases first identified in 2006. Instead, there are 17,000 ongoing cases still awaiting a final decision and the Agency appears to be discovering more cases. The Committee remains uncertain over the feasibility of the Government's e-borders timetable. It finds it difficult to see how the scheme can be applied to all rail and sea passengers by December 2014. It acknowledges that the Government must have a comprehensive e-border system if it is to be effective. However, it needs clarity on policy and practicalities for achieving this. The Committee makes a series of specific recommendations aimed at improving the working of the Agency, concerning: appeals, bogus colleges, data provided and use of statistics. It calls on the Home Office to act immediately to deal with the public scepticism over the effectiveness of the UK Border Agency and to require clarity in the information produced for both the public and Parliament.

The Committee examines the work of the UK Border Agency (UKBA) on a three monthly basis. Following the abolition of the Agency it will continue to monitor the Home Office UK Visa and Immigration service on a three monthly basis. The Committee found a further backlog of 190,000 cases in the temporary and permanent migration pool that were never revealed to the Committee before. The total figure for the backlog has reached over half a million. The Committee feels it is unacceptable that new backlogs are revealed in Committee evidence sessions. The UK Border Agency had a troubled history. Many of its problems predate the establishment of the Agency. Ministers must now explain how those problems will not outlive its demise. To see a change in the culture in the new organisational structure and management it must be complemented by the ability for a wholesale restructuring of the employees of the organisation. The newly appointed Directors General must have the ability and resources necessary to implement this change. The Home Office should outline exactly how they propose to bring about this change in culture. In evidence the Committee were told the immigration service would never be fixed. This surprised the Committee since reducing immigration is a priority of this Government. What the immigration service needs desperately is stability, the resources necessary to clear the backlogs and a wholesale change in culture

For the first time the Committee has collated the backlog of outstanding cases in the various areas where the UK Border Agency deals with casework. This report criticises the Agency for failing to conclude the total backlog of 276,460 cases. The Committee makes a number of key recommendations: a team should be established to examine why the 3,900 foreign national offenders living in the community as of 4 April have not been deported; deportation proceedings for foreign national prisoners must begin at the time of sentencing; a list of those countries refusing to accept the return of their own criminals who have committed offences in the UK must be published; the Agency should expand its checks to include a wider range of databases in order to assist with tracing of those in the controlled archive; students should be removed from net migration target; face to face interviews for all foreign students must be compulsory; the Agency must be represented at 100%, not 84%, of all tribunal hearings; all inspection visits on Tier 4 must be unannounced; the Agency must inform the informants as to possible illegal immigrants of the outcome of their tip-off and provide a breakdown of the outcomes of its enforcement visits. The Committee reiterates that Senior Agency staff should not receive bonuses until the Agency's performance improves and bonuses paid in the past contrary to the Committee's recommendations should be repaid

The November '10-March' 2011 report published as HC 929, session 2010-12 (ISBN 9780215559968 ). Earlier reports to that published as HC 406, session 2009-10 (ISBN 9780215553775) & its Government response, HC 457, session 2010-11 (ISBN 9780215554710). Those reports were follow-up to "The work of the UK Border Agency" (2nd report, session 2009-10, 105-I, ISBN 9780215542465) and "The E-Borders programme" (3rd report, session 2009-10, HC 170, ISBN 9780215542854). HC 370, session 2009-10 (ISBN 97802155544001) was the Government response to HC 105-I, session 2009-10. HC 587-I, session 2010-11 (ISBN 978021555861) and its Government response, HC 1027, session 2010-12 (ISBN 9780215559661) have also published since.

In this report the Committee criticises the UK Border Agency for failing to explain why 350 foreign national prisoners due to be deported are still in the country. The Agency provided the Committee with a breakdown of the issues with the deportation process of 1,300 prisoners who were released between 1 April 2010 and 31 March 2011. The largest group, making up 27% of the total, was labelled 'unknown'. The Committee also found that the Agency has not resolved all of the asylum 'legacy' cases first identified in 2006 within the promised 5 year timeframe. Instead, 18,000 ongoing cases are still awaiting a final decision. The Committee highlights its concern at the dramatic increase in files transferred to the "controlled archive" - where the Agency has lost contact with individuals - in the past six months. The files, which are placed in the archive when every effort to track an applicant has been exhausted, numbered 40,500 in March 2011. By September 2011, it had increased to 124,000. A series of specific recommendations are made: the Government should commission a detailed investigation into financial waste, included the writing-off of bad debts, overpayments to staff and asylum applicants, and failure to collect civil penalties; there should be better liaison between the Agency and HM Prison Service; the Agency is losing too many appeals at immigration tribunals and should raise the quality of its representation; all staff must be aware of the existence of "bogus colleges", which exist only to sponsor visa applications.