30. Joint memorandum submitted by
the Refugee Council and Oxfam
SUMMARY
The Refugee Council and Oxfam welcome the opportunity
to provide evidence to the Home Affairs Select Committee Inquiry
into immigration control. Our submission focuses on the impact
that extra-territorial UK immigration controls have on refugees
and asylum seekers.
Over recent years, the Government has invested
heavily in measures to strengthen the UK's borders and prevent
migrants from entering the UK outside the legal routes. This has
made the UK one of the most difficult countries in the world to
enter for the purpose of seeking asylum.
This submission demonstrates that UK immigration
controls are a blunt instrument that do not distinguish between
those fleeing persecution and irregular migrants seeking to enter
the UK for other purposes. We provide information about the impacts
of UK immigration controls and interception measures on refugees,
asylum seekers, and the international refugee protection system.
Further, we set out evidence that the UK Government
has deliberately imposed immigration controls with the stated
aim of curbing the exercise of the human right to seek asylum.
This seriously undermines the foundations of the refugee protection
regime and places many lives at risk. It also sends a dangerous
signal to the rest of the world that it is acceptable for states
to shirk their international obligations of refugee protection.
The UK Government justifies its interception
of migrants in refugees' countries of origin and transit by claiming
that refugees should seek asylum in the first country they reach.
However, this overlooks the fact that UK immigration controls
prevent refugees from fleeing their countries of origin to seek
asylum from persecution in the UK. Further, there is absolutely
nothing in international law that requires refugees to claim asylum
in the first country they arrive in.
The UK and other EU member states must work
harder to reconcile their right to control national borders with
the right of every person to seek asylum. The UK Government has
a responsibility not only to assess the impact of its immigration
controls on those seeking asylum but, where the impact is detrimental
to the exercise of fundamental human rights, to seek and put in
place solutions. Our submission concludes by outlining the safeguards
that we believe must be in place if interception and immigration
control activities are to be compatible with the fundamental human
right to seek and enjoy asylum:
Government action to make access
to asylum less dangerous for refugees.
Transparency in demonstrating the
compatibility of all migration control activity with human rights
law and obligations.
Responsibility upon the intercepting
state to identify any individuals with international protection
needs and to ensure that they have access to an effective refugee
determination system and a durable solution.
Flexible immigration controls that
can respond to the fact that it is impossible for many refugees
to obtain valid travel documents and visas prior to fleeing persecution.
Guidelines and training for immigration
and airline liaison officers to ensure they do not prevent people
from exiting a county where they have an urgent need to flee but
lack the required documentation.
Absolute respect for the concept
of responsibility-sharing which underpins the 1951 Refugee Convention.
Scrutiny of interception activities,
including states facilitating UNHCR and NGO presence at all interception
locations.
The provision of information about
their interception activities by states to UNHCR, as well as to
national parliaments and, where EU legislation is concerned, to
the European Commission and the European Parliament.
1.1 The Refugee Council is the largest organisation
in the United Kingdom working with asylum seekers and refugees.
We not only give help and support to asylum seekers and refugees,
but also work with them to ensure their needs and concerns are
addressed by decision-makers. Our members range from small refugee-run
community organisations to international NGOs, such as Christian
Aid, Save the Children and Oxfam.
1.2 Oxfam works with others to overcome
poverty and suffering. We bring our experience in the UK together
with our humanitarian experience of working in refugee situations
around the world, to understand of causes of refugee flight and
the human consequences of failing to protect some of the most
vulnerable people in the world. We work with refugees and asylum
seekers in the UK to help them to challenge and change public,
government and media attitudes. At the same time, we aim to influence
government policies on asylum at national and EU levels to ensure
that they respond to the needs of those in need of international
protection.
1.3 The Refugee Council and Oxfam welcome
the opportunity to provide evidence to the Home Affairs Select
Committee Inquiry into immigration control. Our submission focuses
on the impact of extra-territorial UK immigration controls on
refugees and asylum seekers. We would like to draw the Committee's
attention to the Oxfam report Foreign Territory: the internationalisation
of EU asylum policy, published earlier this year.
1.4 We have additional concerns about other
topics that this inquiry will focus on, in particular the quality
of IND decision making on asylum claims; the impact that restrictions
on publicly funded legal advice have had on asylum seekers' ability
to access justice; and the inappropriate detention of asylum seekers.
We fully endorse the evidence submitted by ILPA and Amnesty International
UK in relation to these issues.
2. RECONCILING
IMMIGRATION CONTROLS
WITH THE
RIGHT TO
SEEK ASYLUM
2.1 Over recent years, the Government has
invested heavily in measures to strengthen the UK's borders. These
measures are portrayed as being essential for "migration
management" and preventing migrants from entering the UK
outside the legal routes. However, one of their impacts has been
to make the UK one of the most difficult countries in the world
to enter for the purpose of seeking asylum.
2.2 UK immigration controls provide no legal
way for a refugee to enter the UK to apply for recognition of
their refugee status. [130]As
a result, most refugees seeking to enter the UK are forced to
do so "illegally", either using forged travel documents,
or avoiding immigration controls altogether.
2.3 UK immigration controls seek to prevent
illegal immigrants from reaching the UK. They do not adequately
recognise the fact that, in exercising their right to seek asylum,
asylum seekers are in fact entering legally under international
law, despite not necessarily being in possession of appropriate
travel documents or visas required by the UK's immigration rules.
For many refugees, obtaining a passport would involve approaching
the very authorities whose persecution they fear. The drafters
of the 1951 Refugee Convention recognised that refugees may have
to rely on forged documents in order to flee persecution and seek
asylum elsewhere, and the 1951 Convention explicitly prohibits
states from penalising them for doing so. [131]
2.4 UK immigration controls are a blunt
instrument that do not distinguish between those fleeing persecution
and irregular migrants seeking to enter the UK for other purposes.
Immigration controls prevent refugees fleeing persecution from
reaching sanctuary in the UK. This has profound implications for
refugees' safety, and sends a dangerous signal to the rest of
the world that it is acceptable for states to shirk their international
obligations for refugee protection.
2.5 The global refugee protection system
and the 1951 Refugee Convention are predicated upon the exercise
of Article 14 of the Universal Declaration on Human Rightsthe
right to seek asylum. [132]The
Refugee Council and Oxfam recognise that states have a right to
control the entry, residence and expulsion of non-nationals. However,
the exercise of this right must be consistent with states' international
legal obligations and must not undermine the rights of refugees
and asylum seekers that derive from international human rights
and refugee law. [133]The
United Kingdom, as a member of the European Union, recognised
this when the European Council reaffirmed "the importance
the Union and Member States attach to absolute respect of the
right to seek asylum" and asserted that migration policies
must be based on principles which "offer guarantees to those
who seek protection in or access to the European Union".[134]
2.6 In spite of this commitment on the part
of the UK and all the EU Member States to uphold and respect the
right to seek asylum, the UK and the European Union have continued
to implement policies that intensify immigration controls without
ensuring access to the territory for those in need of protection.
Migration control is now at the top of the EU political agenda
and the EU's work in the fields of development, external relations
and freedom, security and justice is united in a concerted effort
to "fight" illegal immigration to the EU.
2.7 The EU, supported by the UK, is spending
millions of Euros on developing legislation, surveillance equipment
and vehicles, enforcement and intelligence personnel, a European
coastal patrol and an EU-wide agency to co-ordinate surveillance
and strengthen operational co-operation. Moreover, the EU is committed
to providing financial support, training, equipment and expertise
to third countries to stem migratory movements to Europe. [135]Comparable
resources are not being invested in developing measures to safeguard
access to protection for refugees.
2.8 In this climate, the only guarantee
offered to asylum seekers is that their journey in search of safety
and protection in the EU is likely to be arduous and treacherous,
at worst fatal; and their chances of reaching Europe are rapidly
dwindling.The impact on the asylum regime in Europe is likely
to be terminal unless effective action is taken to temper the
impact of immigration controls on those who seek protection.
2.9 The UK and other member states must
work harder to reconcile their right to control national borders
with the right of every person to seek asylum. The UK Government
has a responsibility not only to assess the impact of its immigration
controls on those seeking asylum but, where their impact is detrimental
to the exercise of fundamental human rights, to seek and put in
place solutions.
2.10 The Refugee Council and Oxfam are concerned
that the UK Government is failing to assess or address the impact
of its immigration laws and policies on asylum seekers, refugees
and the international refugee protection regime. We are further
concerned that immigration controls have had a detrimental impact
on the international institution of asylum without the Government
having offered any significant guarantees to those who seek protection
in the UK. Finally, there is evidence to indicate that the UK
Government has deliberately imposed immigration controls with
the stated aim of curbing the exercise of the human right to seek
asylum. This seriously undermines the foundations of the refugee
protection regime and places many lives at risk.
3. IMMIGRATION
CONTROLS THAT
RESTRICT THE
RIGHT TO
ASYLUM
3.1 Oxfam and the Refugee Council welcome
the Government's recent assertion that it is committed to providing
sanctuary to refugees fleeing persecution. [136]However,
we remain concerned that, in reality, refugees seeking protection
in the UK, as well as other EU countries, are confronted by formidable
barriers that have been erected to keep irregular migrants out.
The list of policy tools used by the UK to control entry into
the territory is long and growing. In particular, we would like
to draw the Committee's attention to the following immigration
control measures that have significant impacts on refugees, asylum
seekers and the international refugee protection system:
3.2 Visa requirements
3.2.1 The list of visa nationals has been
extended from 19 in 1991 to 108 in February 2005. [137]Whilst
we recognise that visas are a legitimate tool for controlling
immigration, we also note that, in practice, it is impossible
to obtain a visa for the purpose of seeking asylum in the UK.
Where it is suspected that an individual intends to seek asylum
in the UK, their visa application will almost certainly be refused.
[138]
3.2.2 Further, the UK imposes visa requirements
as a means of achieving reductions in the number of asylum claims
from particular countries. For example, in November 2002, following
an increase in the number of Zimbabweans claiming asylum in the
UK, the Government imposed a visa requirement which resulted in
a 61% reduction in Zimbabwean asylum claims in the first quarter
of 2003. This has been cited by the Government as an example of
success in tackling abuse of the asylum system, [139]despite
the fact that 2,240 Zimbabweans were recognised by the UK as Convention
Refugees in the year the visa requirement was introduced.
3.2.3 The Refugee Council and Oxfam believe
that, in the absence of any flexibility for asylum seekers, the
imposition of a visa requirement on any country experiencing widespread
human rights violations and forced migratory movements represents
a failure to respect the right to seek asylum. Such actions contradict
UNHCR's request that states not impose visa requirements on the
nationals of countries where there are civil wars, generalised
violence or widespread human rights abuse.
3.3 Visa fingerprinting and biometric technology
3.3.1 The Home Office has extended the use
of biometrics, giving as one reason the need to reduce perceived
abuse of the asylum system. [140]Additional
biometric projects will be introduced as part of the "e-borders"
scheme which is intended to further strengthen UK border controls.
In January 2004, the biometric visa project was extended to East
Africa, specifically in order to reduce the number of "unfounded"
Somali asylum claims as well as applications from those the Government
suspected of not being Somali nationals. [141]Biometric
technology is being used to strengthen measures that restrict
the right to seek and enjoy asylum from persecution in the UK.
3.4 Juxtaposed controls and airline liaison
officers
3.4.1 Juxtaposed controls is the term used
to describe situations where full immigration control procedures
are performed by UK immigration staff in a country outside the
UK. The effect of juxtaposed controls is to shift the UK's borders
overseas. The Nationality, Immigration and Asylum Act 2002 gives
the Home Secretary the power to introduce juxtaposed controls
in any port in the European Economic Area. Controls currently
operate at ports and stations in France and Belgium.
3.4.2 The following statement, made in October
2002 by James Munro, Assistant Director of the Immigration Service,
demonstrates that juxtaposed controls, like visas, are being used
by the Government to prevent asylum seekers making a claim in
the UK:
"When, for example, Colombia and Ecuador
were included as visa states, this was directly in response to
an increase in the number of those nationals coming directly to
the United Kingdom in order to apply for asylum. A similar aim
is present in the juxtaposed controls in France, where asylum
seekers are refused leave to enter." [142]
3.4.3 In addition to operating a system
of juxtaposed controls, the UK posts airline liaison officers
(ALOs) in overseas airports where there are concerns about the
number of people travelling to the UK without proper documentation.
The UK currently has ALOs and Deputy ALOs in over 30 locations
worldwide and is seeking to expand the network further. [143]In
2003, 33,000 people were prevented from travelling to the UK from
airports where ALOs were stationed. [144]We
do not know all the countries to which ALOs are posted, nor how
many of the people they prevent from travelling are in need of
international protection. However, we do know that ALOs are posted
to countries, including Kenya, Sri Lanka, Bangladesh, Russia and
Romania, where human rights abuses are well-documented, from which
refugees originate, or through which refugees transit en route
to countries where they can benefit from effective protection
in accordance with the 1951 Refugee Convention. [145]
3.4.4 The UK also posts Immigration Liaison
Officers (ILOs) overseas to combat illegal immigration. As with
ALOs, we do not have any detailed information about their activities,
the training they undergo, or the extent to which they adhere
to their obligations under international refugee and human rights
law, including the absolute obligation not to refoule (return)
any person to a country where their life of freedom would be threatened,
or where they would be subject to persecution. Similarly, we cannot
say with certainty how their actions impact upon those fleeing
persecution. However, their presence in refugees' countries of
origin and transit, combined with their function in preventing
illegal migration, suggest that among those affected by ILOs'
activities will be refugees who have to travel irregularly.
3.4.5 The Refugee Council and Oxfam believe
that extra-territorial immigration controls, including juxtaposed
controls and UK immigration officials operating "pre-clearance"
procedures, frustrate the object and purpose of international
refugee law. Such procedures, if replicated on a wide scale, would
make the 1951 Convention increasingly meaningless, since refugees
would find it more difficult to cross international borders to
exercise their right to asylum.
3.4.6 As UNHCR has pointed out, Governments
have a duty to ensure that any extra-territorial immigration controls
operate in full accordance with international refugee and human
rights law:
"Given the practice of States to intercept
persons at great distance from their own territory, the international
refugee protection regime would be rendered ineffective if States'
agents abroad were free to act at variance with obligations under
international refugee law and human rights law".[146]
3.5 Carriers' sanctions and new detection
technology
3.5.1 Immigration functions are the sole
responsibility of the state. In recent years, however, the UK
has transferred areas of immigration control to private companies.
Airlines and other carriers are required to pay a fine for every
improperly documented traveller they bring to the UK.
3.5.2 The very real threat of being fined
has made carriers more cautious in recent years about who they
allow to travel. If a carrier operates sufficiently stringent
document checks the UK may grant it "approved gate check
status" meaning that fines will usually be waived. [147]In
October 2003, the Government announced its intention to make greater
use of this arrangement by providing new security and searching
technology to sea carriers to detect people hiding in vehicles.
Ferry companies are becoming increasingly responsible for enforcing
border controls and are required to use high technology detection
equipment to scan vehicles that they bring to the UK.
3.5.3 Corporate interests, including the
overriding interest carriers have in maximising their profits,
result in companies striving to avoid fines by refusing to let
passengers board unless they are convinced that their documentation
is valid. In doing so, private companies, which are not themselves
bound by the 1951 Convention, may be undermining the fundamental
right to asylum and forcing refugees to remain in countries where
their lives are at risk.
4. THE IMPACT
OF UK IMMIGRATION
CONTROLS ON
REFUGEES
4.1 The UK's interception measures are subject
to minimal scrutiny and accountability, partly because they are
implemented outside state territory or "privatised"
by being delegated to airlines and other carriers. There is no
data on the number of refugees or asylum seekers the UK has intercepted
and prevented from reaching sanctuary in the UK. However, the
Refugee Council and Oxfam believe that the dramatic increase in
UK and EU interception and border control measures is a factor
that has contributed to the dramatic reduction in asylum applications
in the UK.
4.2 There is no evidence to support the
Government's claims that those asylum seekers who are kept out
of the UK are "unfounded" claimants who seek to abuse
the system. The inability of extra-territorial immigration controls
to identify people with protection needs leads us to conclude
that people who would be recognised as refugees in the UK, were
they able to enter the country, must also be being kept out. Some
may be forced to remain in countries where they are at risk of
persecution or torture.
4.3 It is extremely difficult for UK agencies
to obtain hard evidence about the impact of interception measures
on refugees, partly because, by definition, most intercepted refugees
never reach the UK to tell their stories. Research into the impacts
of UK immigration control measures on refugees, as well as detailed
information from the Home Office about its interception practices,
is urgently needed and long overdue.
4.4 The limited evidence that is available
indicates that interception has the following impacts on those
trying to reach the UK to seek asylum from persecution.
4.5 Displacing refugees
4.5.1 As immigration controls increase on
some routes, they become too difficult to pass, and people seek
new routes of entry. Interception practices and immigration controls
thus have a displacement effect. This effect has been recognised
by the Government[148]
and research indicates that stricter controls in the EU have resulted
in asylum seekers being displaced to central and eastern Europe.
[149]
4.6 Forcing refugees to take more dangerous
risks
4.6.1 As one route is closed, desperate
people increasingly turn to life-threatening alternatives. Reports
of people crossing the Channel on li-los and hiding in the undercarriages
of aeroplanes illustrate the risks people are prepared to take
in order to reach safety. In November 2005, Franco Frattini, EU
Justice, Freedom and Security Commissioner, stated that "practically
every day people die in the Mediterranean" while seeking
to enter the EU illegally by sea. [150]UNITED,
a European anti-racism network, has documented more than 6,300
deaths since 1993 that it attributes to EU asylum laws, border
controls, detention policies and carrier sanctions. [151]Many
thousands more deaths remain undocumented, and it is unknown how
many of those who have died were asylum seekers seeking international
protection in the UK or another EU member state.
4.7 Reliance on smugglers and traffickers
4.7.1 As entering the UK becomes more difficult,
many refugees have little alternative but to turn to smugglers
and traffickers to help find a route to safety. Inadvertently,
state interception may be forcing vulnerable people into the hands
of unscrupulous smugglers who charge vast amounts of money to
assist people in evading immigration controls or traffickers who
may force them into exploitative labour. [152]
4.8 Threatening the refugee protection system
and breaching international law
4.8.1 Because interception measures do not
distinguish between migrants who need international protection
and those who do not, they risk violating international human
rights laws and endangering refugees' lives. Through its immigration
controls, the UK is eroding the right to seek and enjoy asylum
in another country and, in some cases, may be forcing individuals
to return to a country where they face torture or persecution,
a process known as refoulement.
4.8.2 States are obliged to interpret and
implement all their treaty obligations in good faith, including
obligations under the 1951 Refugee Convention. [153]The
barrage of measures designed to obstruct people from gaining access
to, and seeking asylum on, UK territory violates this principle
of good faith and frustrates the very purpose of the 1951 Refugee
Convention. Further, the UK is threatening the structure of the
international asylum regime by undermining the spirit of shared
responsibility on which it is founded.
4.9 Forcing refugees to seek asylum in countries
with inadequate protection
4.9.1 Many migrants are intercepted in countries
through which they only intend to transit en route to another.
Where refugees are concerned, the UK expects individuals to apply
for asylum in the country where they have been intercepted, regardless
of whether that country will provide them with effective protection.
In doing so, the UK may be forcing people to remain in countries
that violate their rights as refugees, or where they remain separated
from family and community members indefinitely.
4.10 Shifting responsibility for refugees
onto poor countries
4.10.1 The UK intercepts migrants in states,
such as Kenya, that share borders with refugee-producing countries.
By preventing refugees from leaving those countries, the UK increases
the economic and social costs to less developed countries, many
of which have weak refugee protection systems and already host
the majority of the world's refugees. [154]In
the long term, this will have adverse consequences for the refugee
protection regime, which relies on the international community
sharing responsibility for refugee protection and on states' good
will to keep their borders open to those fleeing persecution.
5. CONCLUSION
AND RECOMMENDATIONS
5.1 For a person seeking to exercise his
or her right to asylum, the first step is being able to access
and live in safe territory while his or her case is being decided.
The Refugee Council and Oxfam believe that there is an urgent
need for immigration control measures outside UK territory to
include effective safeguards to ensure that people with international
protection needs can access a safe country and have their claims
for asylum effectively assessed. If the UK and its EU partners
continue to restrict refugees' access to their territory, then
domestic asylum systems will become meaningless.
5.2 The UK interprets its obligations towards
refugees and asylum seekers as being invoked only once an individual
sets foot in the UK. It uses immigration controls to intercept
migrants in countries from which refugees need to leave to escape
persecution, as well as in countries through which refugees transit.
The Government justifies this action by claiming that refugees
should seek asylum in the first country they reach. However, this
overlooks the fact that UK immigration controls prevent refugees
from fleeing their countries of origin to seek asylum from persecution.
Further, there is absolutely nothing in international law that
requires refugees to claim asylum in the first country they arrive
in. [155]Refugees
may pass through other countries on their way to the UK but not
apply for asylum in them because they do not offer adequate protection
in accordance with the 1951 Refugee Convention and other international
human rights instruments.
5.3 The Refugee Council and Oxfam believe
that migration control safeguards should include the following:
Government action to make access
to asylum less dangerous for refugees.
Transparency in demonstrating
the compatibility of all migration control activity with human
rights law and obligations.
Responsibility upon the intercepting
state to identify any individuals with international protection
needs and to ensure that they have access to an effective refugee
determination system and a durable solution.
Flexible immigration controls
that can respond to the fact that it is impossible for many refugees
to obtain valid travel documents and visas prior to fleeing persecution.
Guidelines and training for
immigration and airline liaison officers to ensure they do not
prevent people from exiting a county where they have an urgent
need to flee but lack the required documentation.
Absolute respect for the concept
of responsibility-sharing which underpins the 1951 Refugee Convention.
Scrutiny of interception activities,
including states facilitating UNHCR and NGO presence at all interception
locations.
The provision of information
about their interception activities by states to UNHCR, as well
as to national parliaments and, where EU legislation is concerned,
to the European Commission and the European Parliament.
Gemma Juma
International Protection Manager
Refugee Council
Clara Odofin
Protection Policy Adviser
Oxfam GB
2 December 2005
In November 2002, the Home Secretary, David Blunkett,
stated that "The French and UK Governments have been working
since the summer to tackle illegal immigration to the UK from
northern France, including improving security at the Frethun freight
depot, putting UK immigration controls into Calais and lending
the French detection equipment to use at Calais. The UK Government
is also working with the Belgian government to deal with any displacement
of illegal immigrants to other ports." Home Office Press
release, 5 November 2002 No new entrants to Sangatte from today.
The 2003 Home Office consultation process report on juxtaposed
control implementation, Dover-Calais, stated that "We
anticipate that once we introduce juxtaposed controls at Calais,
other ports with ferry services to and from the UK may see an
increase in the numbers of inadequately documented people attempting
to pass through them. We will continue to monitor these patterns
and to make further use of juxtaposed controls or new detection
technology where it is deemed appropriate." http://www.ind.homeoffice.gov.uk/ind/en/home/lawspolicy/consultationdocuments/closedconsultations.Maincontent.0085.
file.tmp/juxtprocessreport.pdf
130 130 There is no provision in UK Immigration Rules
for people overseas to be granted a visa to come to the UK to
apply for asylum. In theory, overseas consular authorities can
refer an entry clearance application to the Home Office in the
UK in situations where the refugee is outside his country of origin
and can demonstrate a prima facie case that his/her circumstances
meet the definition of the 1951 Refugee Convention; that he has
close ties with the UK; and that the UK is the most appropriate
country of refuge. These rules are contained in the Asylum Policy
Instructions. However, as highlighted in a recent study "these
instructions are not widely known and the authorities have no
policy of actively promoting awareness about their existence and
the possibility of applying for asylum from abroad. In practice,
due to the very limited number of persons concerned (less than
10 cases each year . . .), the Protected Entry Procedure has very
low priority for the authorities." Asylum applicants are
often refused on the basis that there is no basis in the Immigration
Rules allowing for entry clearance to be granted in order for
the applicant to be able to request asylum when arriving in the
UK. Gregor Noll et al (2002) Study on the feasibility
of processing asylum claims outside the EU against the background
of the Common European Asylum System and the goal of a common
asylum procedure. Back
131
131 Art 31 (1) of the 1951 Refugee Convention states "The
Contracting States shall not impose penalties, on account of their
illegal entry or presence, on refugees who, coming directly from
a territory where their life or freedom was threatened in the
sense of article 1, enter or are present in their territory without
authorization, provided they present themselves without delay
to the authorities and show good cause for their illegal entry
or presence." Back
132
132 Universal Declaration of Human Rights Article 14, Everyone
has the right to seek and to enjoy in other countries asylum from
persecution. Back
133
133 The Global Commission on International Migration is also
committed to the principle enunciated in the "Agenda for
Protection" established by UNHCR that the institution of
asylum should not be undermined by the efforts of states to stem
irregular migration, "Migration in an interconnected world:
New directions for action", GCIM, 5 October 2005. Back
134
134 Presidency Conclusions, Tampere European Council, 15-16 October
1999. Back
135
135 On 30 November 2005, the Commission adopted a Communication
laying down priority actions for improving migration management.
Whilst signalling that the Commission will step up efforts to
work with partner countries in tackling the root causes of migration,
the Communication focuses on a proposal to establish a surveillance
system and Mediterranean Coastal Patrols Network to cover the
whole of the Mediterranean Sea, working with key countries of
origin in Africa to ensure "a more effective fight against
illegal migration and trafficking in human beings and working
with neighbouring countries to intensify their efforts and `improve
the management of migration'. Press release IP/05/1500, 30 November
2005. See also the five year work programme of the Euro-Mediterranean
Summit, 15074, 28 November 2005. On 26 November 2005, Libya was
quoted by the BBC as saying that it alone had "prevented
40,000 would be migrants from crossing the Mediterranean Sea."
On 30 November 2005, the EU Border Assistance Mission to Ukraine
and Moldova was launched in order to help the border enforcement
personnel of those two countries more effectively control illegal
immigration. The mission will cost around 8 million over
two years. (Source: Commission website). Back
136
136 The Prime Minister, in his foreword to the Home Office five
year strategy for immigration and asylum, stated that "while
making the rules strict and workable, we will make sure we don't
slam the door on those genuine refugees fleeing death and persecution."
Charles Clarke wrote that "We will continue to welcome genuine
refugees, respecting our obligations under the 1951 Geneva Convention,
which is part of the international legal and ethical framework
that enshrines basic principles of human decency." Home Office
five year strategy for immigration and asylum Controlling our
borders: making migration work for Britain. (February 2005). Back
137
137 Current figures correct as of 2 February 2005. See http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1020786334922
for a list of countries. Back
138
138 See footnote 1. Back
139
139 See Home Office press release reference: 144/2003,
22 May 2003 Asylum Applications Down By A Third-Home Secretary
Welcomes Significant Progress. Back
140
140 See Home Office press release reference: 024/2004,
21 Jan 2004 Increased use of biometrics to tackle asylum abuse. Back
141
141 Ibid. Back
142
142 Statement by James Munro in European Roma Rights Centre
vs Immigration Officer at Prague Airport and the SSHD, 8 October
2002. Back
143
143 Reference is made to the number of ALOs and Deputy ALOs in
the Diplomatic Service Procedures: Entry Clearance. Volume 1:
General Instructions-Annex 1.7, 6 October 2005. The intention
to extend the airline liaison network further was re-stated by
the Home Office in its five year strategy for asylum and immigration.
Controlling our borders: making migration work for Britain.
(February 2005). Back
144
144 Home Office (February 2005) Controlling our borders: making
migration work for Britain. Five year strategy for asylum
and immigration. Back
145
145 Airline Liaison Officers' presence in these countries is
documented within the FCO HM Diplomatic Service Overseas Reference
List. Back
146
146 UNHCR Executive Committee (Standing Committee), Interception
of asylum seekers and refugees: the international framework and
recommendations for a comprehensive approach. (doc EC/50/SC/CRP.17)
9 June 2000, para 23. Back
147
147 In October 2003 there were two sea carriers and 58 air carriers
with sufficient checks to have been granted this status. Back
148
148 In February 2003, following the closure of the Sangatte centre
in France and the introduction of UK immigration controls and
detection technology in France the Home Secretary, David Blunkett,
stated "Of course we are alert to the potential for displacement."
Home Office Press release 4 Feb 2003 UK/French cooperation
key to combating terrorism and illegal immigration. Back
149
149 See Roger Zetter et al (2003) An assessment
of the impact of asylum policies in Europe 1990-2000. Back
150
150 Article in the Sunday Times, 27 November 2005 Europe
plans naval taskforce to stop illegal African migrants. See
also that the International Centre on Migration Policy Development
estimates that some 2,000 migrants die each year trying to cross
the Meditteranean Sea from Africa to Europe, GCIM report, 5 October
2005. Back
151
151 UNITED maintains an up to date list of such deaths: see
http://www.united.non-profit.nl/pdfs/listofdeaths.pdf Back
152
152 Recent Home Office research found that "There is strong
circumstantial evidence, though little authoritative research,
that restrictionism-and most probably direct measures-led to growing
trafficking and illegal entry of both bona fide asylum
seekers and economic migrants." Roger Zetter et al
(2003) An assessment of the impact of asylum policies in Europe
1990-2000. Back
153
153 Vienna Convention on the Law of Treaties Art 31 (1) A
treaty shall be interpreted in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose. Back
154
154 Refugee Council (June 2004) Refugees: Renewing the vision-70%
of the world's refugees are in developing countries, nearly one
third in the 49 poorest countries. Another 25 million people have
been forced from their homes by violence or persecution but remain
within the borders of their countries, mostly in the developing
world, so are classed as "internally displaced" persons
rather than refugees. Back
155
155 At the end of 2002, experts meeting under the auspices of
UNHCR concluded: "There is no obligation under international
law for a person to seek international protection at the first
effective opportunity". Summary Conclusion on the Concept
of "Effective Protection", Lisbon Expert Roundtable,
UNHCR, December 2002. Indeed, UNHCR guidance is that the intentions
of the asylum seeker should "as far as possible be taken
into account." Back
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