UK immigration amnesty: rumour and fact

A RECENT BBC Panorama programme has fuelled rumours of an amnesty for illegal immigrants in Britain.

The programme dealt with proposals which supported an earned regularisation route for those working illegally, with each case being examined on its merits. There has been a major campaign for his led by Strangers into Citizens (www.strangersintocitizens.org.uk) and opposition parties.

Despite the pressure, the British government remains opposed to the idea. They fear that what would be seen as an amnesty would act as a “pull” factor to draw in other illegal migrants. Yet there has been no substantive evidence gathered to support this position.

The UK in the recent past granted what amounted to an amnesty to 30,000 asylum seekers in an attempt to clear up a backlog of over 100,000 cases. More recently, it gave similar concessions to asylum seekers with young families.

There is a difference between a general amnesty and an earned regularisation programme in which each person would have to show that they are making an economic contribution to the UK. Bringing illegal workers into legitimacy will not only prevent them being exploited by unscrupulous employers but also bring in more than £1 billion extra in presently unpaid taxes.

Far from taking jobs from the indigenous population, these people are already doing the jobs that many British people are unwilling or unable to do. If they were all to be removed, there would be chaos.

Yet that is the answer of the UK government to this problem – to locate and then remove them all. Increased resources have been given to the enforcement side of the UK Border Agency but it is still a hit and miss affair to detect illegal workers.

Over 7,000 individuals currently receive support under s.4 Immigration & Asylum Act 1999 on the basis that they have made further submissions on their asylum claim and support is, therefore, provided to avoid a breach of the European Convention on Human Rights. If those asylum seekers were able to work and fend for themselves, much of that money could be saved.

There are further rumours that there is an amnesty specifically for Zimbabweans. There have been several deadlines set for when individuals should claim asylum, the first being December 22, 2008, and then March 1, 2009. The latest deadline that is doing rounds on the rumour mills is March 31, 2009.

To set the record straight, there is no amnesty for Zimbabweans and secondly, there is no deadline within which a person should claim asylum.

There has been the case of RN which has affected the decision-making in Zimbabwean cases. The latest country guidance has resulted in many positive decisions being made. This has been mistaken for an amnesty.

There are, however, a few cases that do get refused. Each case is still being decided on its own merits and where a case is not credible or there is evidence of involvement with Zanu PF, criminal history or any other factor then a case will be refused.

With regard to the deadlines, the advice being given to most Zimbabweans is that they should make a fresh asylum claim if they have been refused asylum as soon as possible. The reason being that country guidance cases only last for a season.

A country guidance case is a case that gives guidance to the Secretary of State and to the Asylum and Immigration Tribunal in assessing asylum claims by a given nationality of asylum seekers. Country guidance changes according to the situation in a given country at the time that a case is being dealt with.

The latest country guidance with regard to Zimbabwean cases is favourable but this may change at any time given the constantly changing political situation in the country. There is, therefore, a chance that Zimbabwean cases may be decided differently in the near future. This appears to be where the rumours are stemming from.

It is still advisable to make an asylum claim as soon as possible if one has a credible claim and is genuinely in fear for their life if returned to Zimbabwe.

Update on Case Resolution Cases

Zimbabwean cases being considered under the Case Resolution Exercise are being dealt with rapidly which is great news for all the failed asylum seekers or those caught up in the AA Country guidance appeals.

In a recent letter distributed by ILPA to its members, the Director of the Case Resolution Directorate has confirmed that significant resources have been dedicated to reviewing all Zimbabwean Cases.

The letter, dated February 27, 2009, says in part: “We have already concluded approximately 500 cases and have made decisions in principle on significantly more cases, but we are awaiting return of further information or photographs. Any help you can offer to encourage those we have been in touch with to reply is greatly received.”

If any readers have received a request for photographs, it is advisable to return the photographs to the UK Border Agency as soon as possible. For those individuals who are not in touch with the UK Border Agency, it is also advisable to ensure that the Home Office have your latest address or your solicitors address.

If you think you may be affected, please seek legal advice as soon as possible.