"˜On Job training by UK's Immigration Minister'

By Amjad Malik, MA, LLM

Britain can not escape from immigration related headlines due to irresponsible attitude of its politicians towards its country's commitments to the Geneva Convention 1951 which entitles those fleeing persecution to claim refugee at safe lands. The article 1a narrates the conditions under which such claim can be made where one has a well-founded fear of persecution for race, colour, nationality, membership of a particular society group or political opinion and for those reasons one is outside the country of one's nationality and is unable, or owing to such fear, is unwilling to avail to the protection of that country. However, in practice this piece of legislation has always been subject to strict political backlash and media scrutiny.  

Similar frenzy is caused by the newly appointed football fan, a Minister for Immigration Phil Woolas who targeted Immigration lawyers and some of the NGO's for its ministry's failure to calculate the exact number of those working in black economy and remaining in UK illegally. He arrogantly rejected calls for "˜amnesty' for those remaining in system for years and said  in an interview with Patrick Barkham published in Guardian on Tuesday 18 November 2008, that "It is "difficult", he says, but "most asylum seekers, it appears, are economic migrants." In Britain, asylum seekers are given "false hope" by NGO's and migration lawyers. "By giving false hope and by undermining the legal system [they actually] cause more harm than they do good." Lawyers in this area of practice and NGO's are protesting at these unthoughtful &  provocative comments by a Minister who has just taken charge. Lawyers are seriously perturbed when he said that, "Asylum-seeker charities are just playing the system." I feel these comments may be counterproductive looking at the history of labour Government's past record on immigration where a series of immigration related legislation is introduced without gauging its results & effectiveness. Minister's comments are in conflict with the respect for the rule of law and justice too. As the Member of Parliament from Oldham & Saddleworth (UK) which has a large presence of ethnic minority voters as well as British National Party in his constituency, it was imperative that that he keeps the sensitivities of the subject at forefront at all times. The spill over effect of his remarks could be fatal for the community relations which is picking up pieces post Oldham and Burnley riots way back in 2001.

I feel none in UK may escape by "playing the system" as the Minister bluntly put it. Anyone who applies for asylum in the UK is entitled to a fair & proper consideration of their claim as per law of the land, European as well as International Law.  The system is fairly controlled, and getting asylum isn't as easy and straightforward exercise as he candidly put it. As officers of the court, British lawyers play a pivotal role in ensuring the maintenance of rule of law which is the basis of our legal system, so to say that lawyers are somehow undermining the system is plainly wrong as the minister here is economical with the truth. Lawyers are doing their job and we feel that Ministers come and learn on the job, make mistake and leave the job of clearing on the coming ministers.

According to the Independent Asylum Commission, within the Home Office there is a "culture of disbelief" against asylum seekers. Woolas in his interview says: "One lady showed me the scars on her thighs from where the soldiers had raped her, so I know, but I cannot take a decision on that lady's behalf if I am fogged by cases that are misusing the law." Public is aware that thousands of people enter this country in a very vulnerable state, in some cases running away from the regime of President Mugabe or akin to civil war situations from Congo and other parts of Africa. It could be Kurds from Iraq or pro democracy activists in Iran & Saudi Arabia. These are a few glimpses. These human beings are always in a situation where they are afraid or their life, in a situation of being persecuted in their homeland because of their race, religion or political views and without any internal or external support.  They often have little financial resources or help and a genuine fear of authorities who might have mistreated them in their own country or even they may face death if caught. These vulnerable people are entitled to receive high quality legal advice from skilled professional(s). I for one supports the right of asylum seekers to have a fair hearing and the implementation of article 6 of the ECHR 1950, that was the reason that along with many others lawyers here intervened when a British citizen was freed from Pakistan who was facing virtual death penalty and lawyers in UK are committed to ensuring that their clients are provided with quality legal advice and Pakistani Lawyers on 20 November 2008 have rightly approached the Home Secretary Jacqui Smith to ask her minister to hold his horses and publicly announce that she shares that view too.

Minister's idea of how to process claims for asylum, if implemented, will promote an arbitrary system of ancient times where one was presumed guilty as charged and innocence will never be proven as opportunity will fade away in files. If that is the system the Minister wishes to prevail in the United Kingdom, then what will be difference of our system with that of President Musharraf where Chief Judge was on the street begging for justice, and or President Mugabe's who holds elections, declares himself the winner and challenges foreigners to remain away from interfering in his country's internal politics. When the Appeal Court has determined that an asylum seeker has a right to remain in this country, it is unwise for us to accept Minister's proclaim through the media that they have no such basis or right. Even so-called "failed asylum seekers" who  don't meet UK's strict asylum criteria do not deserve "˜demonising', especially when Labour Government has in the past given two amnesties for the very people who have failed in their asylum applications and could not be returned for years.

Even if it were true that there was a problem of abuse of the appeals process, the Minister's proper response should be to tackle the problem by jointly working with the stake holders to take control of the failures and make improvements to the system. That would be far more effective. I think it will be unjust not to mention the role of our worthy courts as British courts have played genuinely a praiseworthy role in last  decade by separating the chaff from grain, ensuring due process of law, fair trial and citizens liberties whilst Government in difficult circumstances attempted to protect the public and look after the interest of the state.

I feel amongst lawyers there is a willingness to work together and lawyers in this area of practice are a genuine victim of political inefficiency and media frenzy where "˜blame game' is the easiest tool to escape criticism whilst positive action can streamline the process, practice and policy. Home Secretary must review the whole episode and assure the public of their commitment to Geneva Convention and guarantee  fairness to all.  

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales & a member of Immigration Law Committee of the Law Society of England and vice chair of Association of Pakistani lawyers (UK) .

20 November 2008

Minister's Interview Link: