Yesterday the Border and Immigration Agency (BIA) came into being as a shadow authority, which in a year's time will replace of the Immigration and Nationality Directorate. Although remaining part of the Home Office, it will be split into six regions, the aim being that it should be more responsive in each. That is especially welcome in Scotland, where there has been considerable distress at the forcible removal of asylum seekers settled in local communities. In particular, the deportation of families with children, who have become integrated into the Scottish school system and in many cases been model pupils, has been regarded as disastrous not only for families facing a return to possible persecution in their country of origin, but for Scotland.

As a country with an ageing population, we are keen to attract young migrants and the Scottish Executive has proved innovative in setting up programmes such as Fresh Talent to encourage well-qualified foreigners to move to or remain in Scotland.

Last week, the Commission for Racial Equality reported that Scotland's strong sense of national identity meant its new migrants receive a far more welcoming reception than in England and Wales; the BIA could usefully factor that into its decisions in Scotland in addition to its other benchmarks. Yesterday its head in Scotland, Phil Taylor, said the length of time people had stayed here would now be a factor in deciding whether they should be allowed to remain. That is welcome news indeed, not least because it suggests the agency has taken note of representations from Hugh Henry, the Scottish education minister, for a more pragmatic approach in this country. However, Lin Homer, the BIA's chief executive, pointedly insisted in Glasgow yesterday that the outstanding cases would be decided on a case-by-case basis. Of course, each application must be decided on its merits, but if we are to have the "fairer and firmer system" the BIA is promising, it would be helpful to have clearer guidelines. Without greater transparency, the agency will continue to be criticised for setting high and arbitrary targets for removing unsuccessful asylum seekers.

A doubling of the rate of deportations to 10 people a week from Scotland risks that charge. The BIA must tackle the 1100 "legacy cases" which predate the introduction of the fast-track system in March last year. Condemning asylum seekers to a life in limbo while their cases are processed is the worst aspect of the present backlog. Two months ago Mr Taylor told The Herald the service was "not fit for purpose" and could take 18 months to make effective. If his new target of completing cases within six months for 90% of asylum seekers by 2009 is met, it will have the merit of preventing such a backlog building up in future, but the priority must be those already adopting Scotland as home.