In UK, Parliament continues criticism of work of UK Border Agency

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Source: Joint Council for the Welfare of Immigrants (JCWI)

The Home Affairs Committee 1 June issued its report The Work of the UK Border Agency (November 2010-March 2011). In addition to its more general criticisms about immigration control by the UK Border Agency, a quick summary of some other points of interest appears below.

Poor decision making by the UKBA?

Para. 27 of the Report highlights that a staggering 39% of immigration appeals against decisions made by the UK Border Agency are allowed whilst also noting at para. 12 the UKBA Chief Inspector’s recent criticism of the the standard of decision-making on tier 2 PBS applications in his February 2011 report. Figures also show that over one quarter of asylum appeals are also allowed.

Whilst the UK Border Agency maintains that that high success rate of appellants in immigration appeals is attributable to the subsequent production of information and evidence after the decision, para. 29 queries whether this arises because insufficient or inaccurate information has been given to applicants in the first place, or whether applicants are attempting to delay the process in an attempt to remain in the UK.

JCWI’s own casework experience on this issue is that evidence provided at the time of immigration applications is often altogether overlooked by decision makers, or not considered properly. Further evidence is therefore often produced as a belt and braces approach to back up the evidence given at the time of making the application. Either way the above statistics are cause for concern given the current proposal to withdraw legal aid funding for immigration appeals, and indeed the possible abolition of appeal rights for PBS applicants, and family visitors.

Abolition of appeal rights

The report at para. 31 expresses concern about recent media reports about a leaked document proposing the abolition of appeal rights for those visiting family members. Indeed it correctly observes that ‘it would not be appropriate for authorities to be judge and jury when refusals occur….’.

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The failure of UK MPs to hold Border Agency to account

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Source: openDemocracy

‘Much of the delay in concluding asylum and other immigration cases stems from poor quality decision-making when the application is initially considered,’ says Keith Vaz, chair of the Home Affairs Select Committee (HASC) in their report on the UK Border Agency’s work.

Two cheers for Vaz and the HASC! It might be three if only they were clearer and more forceful in their criticism of an agency whose deficiencies are systemic and rooted in a culture characterised by denial and deceit.

The automatic disbelief that greets asylum seekers from their first moment of arrival, coupled with a shocking disregard for human rights, compounded by the lack of legal services that might check official incompetence have created a Kafkaesque nightmare for vulnerable people who come to these shores seeking sanctuary.

‘More consistent and rigorous scrutiny of applications would lead to fewer delays, fewer appeals, less uncertainty for the applicant, less pressure on the officials themselves, and probably lower costs for the UK taxpayer,’ says Vaz, noting mildly that this ‘is also likely to require more consistent and considered direction from those setting policy for the Agency than has sometimes been the case.’

The MPs ‘lack confidence’ in the Border Agency’s effectiveness in ‘making sure that its contractors provide adequate training and supervision of their employees in respect of the use of force,’ and add: ‘This is a fundamental responsibility of the Agency and is not simply a matter of clauses in contracts or formal procedural requirements.’

But Vaz and his colleagues must be aware that the failings go far deeper than that. Last March, when Dame Nuala O’Loan, investigating allegations that contractors’ staff had roughed up asylum seekers, found ‘inadequate management of the use of force by the private sector companies’ and made 22 recommendations for change, UKBA chief executive Lin Homer did something quite extraordinary. She attacked the doctors and lawyers who had brought the abuses to light, for, ‘seeking to damage the reputation of our contractors’.

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Thousands of UK asylum seekers 'left in limbo', delays effect fight for Iraqi LGBT

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By Paul Canning

A new report from the British Parliament's Home Affairs Committee on the work of the UK Border Agency (UKBA) says that the system was "still failing" amid a "rush" to clear backlogs of tens of thousands of unresolved claims.

The committee has been asking the UKBA for regular updates on its attempts to clear up to 400,000 asylum applications. One in seven cases - about 61,000 - would probably be 'archived', the committee was told, because officials could not trace the individuals.

Keith Vaz MP, chairman of the committee, said:

"Much of the delay… stems from poor quality decision-making when the application is initially considered."

In a blog post at the end of last year, 'Bad decisions, detention, ignoring the courts: How the UK Home Office wastes money', the immigration lawyer Free Movement described decision making as "rubbish, awful, abysmal."

"In the official statistics for 2009," it wrote, "it was revealed that 28% of asylum appeals succeeded. 48% of non-asylum appeals succeeded. These statistics tell you something about the appalling quality of decision making."

"Each appeal requires tribunal time and resources and more implementation resources at the Home Office or FCO [Foreign Office] than would have been the case if the decision were made correctly in the first place. Some of these decisions have also be legal aid cases in the past, although that looks set to change. This is incredibly, criminally, wasteful of public resources."

Jonathan Ellis, Director of Advocacy at the Refugee Council, said:

“It is unacceptable that thousands of people seeking safety in the UK have been left living in limbo with their cases unresolved because of UKBA’s administrative failures."

“Decisions on asylum cases must be made quickly and fairly. It is imperative that asylum seekers have adequate support and early access to good quality legal advice to pursue their case, but the culture of disbelief among UKBA caseworkers must also be eliminated."

"Getting decisions right first time is a win-win for everyone involved in the asylum system. It will not only ensure that those in need of protection can get it, it will also speed up the process and avoid lengthy appeals, saving taxpayers’ money."

"We urge the government through its asylum improvement project to ensure those fleeing conflict and persecution today can get the protection they need without waiting years to get it.”

One of those in limbo is the Iraqi LGBT leader Ali Hili. Although he has 'leave to remain', his asylum application has been outstanding for four years and while it is outstanding he is unable to travel.

Hili has received many requests to speak internationally and spread the word which he has been unable to pursue. The UK Foreign Office Human Rights Report for 2009 specifically names Iraqi LGBT over other NGOs as a key source of information. Hili has met with them numerous times. The report quotes then Foreign Office Minister Bill Rammell condemning persecution of LGBT in Iraq.

His solicitor, Barry O'Leary, wrote to the UK Border Agency (UKBA) in August 2009 requesting that his case be expedited so he could travel "in order to further the aims of his organisation, that is, supporting lesbians and gay men in Iraq and bringing the world's attention to their plight."

Six months later, the UKBA told O'Leary that:

• the assistance which Hili has given to the UK Foreign Office "does not count"
• the fatwa (from inside Iraq which has led to him receiving protection from the Metropolitan Police) does not mean that Hilli "falls within the classification of clear and immediate vulnerability"
• that the delay in deciding Hilli's asylum case (since July 2007) "is not in itself an exceptional circumstance", and
• his case is not "compelling"

MEP Michael Cashman and MP Caroline Lucas are amongst those who have also written to the Home Office on Hili's behalf.

UKBA responded to Cashman last September, five months after he had written to them and in a letter signed by Chief Executive Lin Homer, that Hili's case "does not meet the criteria to be expedited".

Say Hili:

"The delay in my case is very stressful, I'm frustrated that I'm unable to continue to do my work to save lives and carry on with living my life."

The Committee's report also criticised those contracted by the Border Agency to remove failed asylum seekers.

"We are not at all convinced that the UK Border Agency is being effective in making sure that its contractors provide adequate training and supervision of their employees in respect of the use of force."

"This is a fundamental responsibility of the agency and is not simply a matter of clauses in contracts or formal procedural requirements," it said.

Last October Angolan Jimmy Mubenga died while being escorted on a flight from Heathrow airport in London after being heavily restrained by guards working for G4S, a private security firm contracted to escort deportees for the Home Office. Three guards were arrested and MPs called for a "wide-ranging and independent inquiry" into the UK's deportation system.

MPs from all parties support Mehdi

MPs from all three main political parties have joined peers to call for a moratorium on the deportation of asylum-seekers to Iran.

A letter signed by seven MPs, including Chris Huhne (Liberal Democrat), Andrew Dismore (Labour) and John Bercow (Conservative), says ministers have a moral duty to halt the deportation of any Iranian fearing persecution if returned to the state.

Simon Hughes organised the Commons letter.

The Lords' letter about the Mehdi Kazemi case shows growing awareness that sending asylum-seekers back to countries such as Iran, Saudi Arabia and Zimbabwe is unacceptable because of the risk to their safety and the abhorrent behaviour of those regimes.

Diane Abbott has tabled an early day motion in support of Kazemi.

It is not sufficient to implement laws to protect oppressed groups without giving protection to asylum-seekers in the same groups from different countries."

EDM 1180

MEHDI KAZEMI AND THE TREATMENT OF HOMOSEXUALITY IN IRAN
12.03.2008
Abbott, Diane

That this House is concerned by the case of Iranian teenager Mehdi Kazemi who is currently living in Holland; notes reports that Mr Kazemi's boyfriend was forced by Iranian authorities to denounce other gay men, including Mr Kazemi himself; is appalled at reports that Mr Kazemi's boyfriend was then hanged for the offence of homosexuality; believes that Mr Kazemi's life is in serious danger if he were returned to Iran; further notes that the Dutch authorities have rejected Mr Kazemi's appeal for asylum in Holland and are likely to deport him to the UK; believes that the Home Office view that Iran is safe for homosexuals as long as they hide their sexuality is contrary to human rights standards on sexual freedom; and calls on the Government to uphold its asserted position as a supporter of human rights by refraining from sending Mr Kazemi back to Iran and near-certain human rights abuses.

Peers support for Mehdi

Writing in The Independent the Peer who has led the campaign in the House of Lords in support of Mehdi, Lord Roberts of Llandudno, writes:

This is a matter of avoiding a breach of international law but, more than that, it is a matter of not sending a 19-year-old man, who has hurt nobody, to his death.

There is only one ethical course of action for the British government to take. A moratorium on removals to Iran for all those who fear execution. Indeed, the Home Office has gone some way to acknowledge such a principle. In its own guidance, its says that where anyone demonstrates their homosexual acts have brought them to the attention of the authorities so they face persecution they should be granted refugee status.

The Government will be aware that, since the ayatollahs came to reign in Iran, humanitarian organisations tell us that 4,000 lesbians and gay men have been executed in that country. What representations have Her Majesty's Government made and what representations do they continue to make about that policy? Can ministers assure us on behalf of the Government that no one, gay or otherwise, will be deported to any country where they will be persecuted, tortured or executed?

In a letter to the Independent, 17 members of the House of Lords, including the film director David Puttnam, the former Commons speaker Betty Boothroyd, and the human rights barrister Helena Kennedy QC, say the case of Mr Kazemi demonstrates a change of policy is now the "only moral course" for the Government to follow.

We welcome the decision of the Home Secretary to look again at Mr Kazemi's case and to reconsider the original decision to refuse him asylum in the United Kingdom. The Home Office have acted appropriately in this, as indeed they have acted within the law throughout this case.

However, this is not simply a legal matter but a moral one too... when we are making decisions of life or death, we must be aware of the human consequences of the cold letter of the law.

The Independent quotes a response to an earlier letter by 70 peers from Home Secretary Jacqui Smith:

I can assure you the Government is committed to providing protection for those individuals found to be genuinely in need in accordance with our commitments under international law.

The Home Office Country of Origin Information Service closely monitors the human rights situation in all the countries that generate asylum-seekers to the UK, including Iran. It provides accurate, objective, sourced and up-to-date information.

The published Country Reports are updated on a rolling basis and are compiled from a wide range of external information sources including the United Nations High Commission for Refugees World Health Organisation, human rights organisations, news media and the Foreign and Commonwealth Office.

The current Home Office Iran Country Report was published on 31 January 2008 and includes a specific section on Lesbian, Gay, Bisexual and Transgender Persons.

A report into Britain's immigration system published yesterday has described the treatment of refugees as "shameful."

Published by the Independent Asylum Commission, led by a former senior judge, it said the immigration policy denied sanctuary to some refugees who were in genuine need of help.