Immigration and Asylums - Essay Example

? IMMIGRATION AND ASYLUM ASYLUM SEEKER & REFUGEE According to the international refugee law, a refugee is an individual who wish to seek refuge in a foreign country as a result of war, violence and fear of persecution. UK identifies persecution on the basis of race, religion, nationality, political opinion or membership with social groups which are marked as the basis for seeking asylum. When an individual submits an application for seeking asylum then he/she is recognized as asylum seeker and after recognition he/she is officially termed as a refugee. A refugee is allowed to enjoy full rights equal to the UK citizens including rights and obligations according to the UK legislation. ASYLUM PROCESS If Mr. Kibi is residing in UK and now if he fear returning to his home country because of his maltreatment which he will face in Eritrea he therefore qualifies as a refugee. He may be granted refugee status in the UK and on the basis of which he will be granted permission to remain in the UK for five years. After the completion of this period the person can still ask for UK’s protection and now this time he will be granted permanent stay in the UK. In order to meet the criteria as a refugee, Mr. Kibi needs to convince the authorities if he fulfills the definition of refugee, as written in the UN Convention Relating to the Status of Refugees. This definition entails that individual is required to demonstrate that he has a well founded fear of prosecution for reasons of race, religion, nationality, membership of social group or having specific political opinions about your former home country. The protection which is provided to a recognized refugee is called asylum according to which the UK officials agree not to send you back to a country where you will be subjected to such persecution. The application procedure which Mr. Kibi can follow while residing in UK is to make application to the Home Office by attending an Asylum Screening Unit. These units are located in different areas of UK. It is essential for Mr. Kibi to contact a lawyer specializing in asylum law to assist him throughout the process. Mr. Kibi will be called for an in-depth interview after submitting the application. The interview will be conducted to inquire Mr. Kibi about the fear of persecution and he will also be provided a questionnaire which needs to be filled out as quickly as possible. Mr. Kibi will be required to give detailed statement about his fear of being persecuted and he will also be required to provide details about his persecution experiences that you have suffered in the past. Mr. Kibi will be required to provide objective information which can be presented to human rights organizations or to the press and various other media sources that can prove that the kind of persecution Mr. Kibi has experienced were against the human rights. Mr. Kibi solicitor can greatly help him in accessing this information. Mr. Kibi should provide information regarding his military service in 1997 and his involvement in the fight on front line at Bure in 1998. He should clearly explain that in 1999 he was detained for three days for refusing to obey commands and further in 2000 he unfortunately received an injury to his thigh whilst fighting and then he was hospitalized for three months. Mr. Kibi must mention in his application that in 2002 he was detained for two weeks when he inquired about his expenses and then in 2005 he was stationed near Adi Quala where he was again injured fighting. At this point he was sent for hospitalization for one year and from there he was moved to Keren where his time was assigned to work for military hospital and part time for military camp. In his interview with case owner, Mr. Kibi should also mention that in 2008 he wrote an article for criticizing the government on their attitude towards military members when they get injured during their service period. Now he should also clearly elaborate to his case owner during the interview that at this point, as a result of the above consequences Mr. Kibi felt that it is no longer safe to return to military service of Eritrea. Mr. Kibi should explain to his case owner during his interview that he was not able to claim for asylum earlier because he was not aware of the process and he was of the fear that he would be detained to Eritrea where he has to undergo persecution. Hence it is clear that once Mr. Kibi has applied for asylum then there are six stages which follow: Screening, Case Owner, First Meeting, Asylum Interview, Wait for decision, Finalized Decision. At the Screening Unit Mr. Kibi will be interviewed briefly and will be required to provide his passport or travel documents for establishing his identity and nationality which can support his application. Mr. Kibi will have to give his fingerprints, photograph and any other supporting physical identification if required. Mr. Kibi will also be inquired about his dependants, the details of whom will be included in the application so that they can come along to stay with him in future. Next Mr. Kibi will be assigned a case owner who will deal with his application process from beginning till end. The case owner assigned will be responsible for Interviewing Mr. Kibi, making decision on his application, manage supporting documents, and providing necessary information to officials. The case owner will also represent UK Border Agency if at any point Mr. Kibi will make a legal appeal and will also be responsible for arranging Mr. Kibi integration into life in UK or returning back to his home country either voluntarily or forcefully. Once the case owner is assigned Mr. Kibi will be asked to attend his first meeting. In this meeting Mr. Kibi will be explained the asylum process and will be asked to stay in contact, he will also be offered help in finding legal representation. Mr. Kibi will be asked to fill a form that contains address and any other specific requirements. At this point Mr. Kibi can ask for some special need such as an interpreter either male or female. Next follows the interviewing stage in which Mr. Kibi must be able to satisfy his case owner and officials for seeking asylum in UK. At the end of an interview Mr. Kibi will be asked to sign the interview record or he can also request the interview recorded tape. Mr. Kibi will be provided a form for confirming his address and any other requirements and will be asked to report regularly at the office. The applicant or Mr. Kibi is asked to report to the asylum office along with this form and application registration card. Mr. Kibi case owner will asses the circumstance provided and will decide if Mr. Kibi meet requirements to receive support such as housing and living costs. Mr. Kibi will be allowed to work while he is waiting for the final decision. Mr. Kibi case owner will give his decision within 30 days onwards from the day of submitting an application. If Mr. Kibi is recognized as a refugee then he will be provided asylum and a residence permit allowing Mr. Kibi to stay in UK for an initial period of five years. His dependants will also be given the permission to stay in UK for a period of five years. If for some reason Mr. Kibi asylum application is refused then he will be provided with the rights to appeal against the decision. Further if the case owner decides that there are no valid reasons for Mr. Kibi’s stay in UK then he will be asked to voluntary return to him home country otherwise he will be detained from UK. CASE STUDY: ZIMBABWEAN STUDENT SEEKS UK ASYLUM Thomas Moyo is a worried Zimbabwean student leader and activist of the opposition Movement of Democratic Change. He has been facing trouble in his homeland with the authorities. He has gained a status of prominent youth league leader in Bulawayo who has activated Zimbabwean workforce for bringing revolution. According to him he is being monitored by Central Intelligence and is aware of the fact that government agents can devise a strategy for taking revenge from him. Thomas has asked British government to bring the Mugabe governments to their senses and warn them from accusing human rights. He want to seek asylum in UK, his air fare from Bulawayo to Britain will be paid by her sister while Thomas plans to leave behind his wife and one child. This was the case presented by a Zimbabwean nationalist for seeking asylum in UK. ILLEGAL ASYLUM SEEKER Illegal immigrants are inhabitants who enter country without meeting the legal requirements for entrance such as valid passport, visa, ID card etc. However according to the Article 14 of 1948 of Universal Declaration of Human Rights, it is clearly mentioned that each individual has the right to request asylum and the Refugee Convention of 1951 forbids all states from imposing fines on individuals coming illegally from a state where their existence and liberty both are endangered. The UNHCR has declared such individual as a refugee who feels any fear of persecution; hence that particular individual should not be labeled as illegal immigrant. Further it is stated that illegal immigrant is present in such position because of persecution and it was the only means of escape for him/her through illegal entrance or by using counterfeit documentation. If a person under the fear of persecution applies for a passport or exit visa than it can be too dangerous for him/her as such act can put their lives and those of their families at danger. Hence in Mr. Kibi’s case he also used false passport for arriving in UK in 2009. Keeping in view the above discussion it can be concluded that Mr. Kibi was under the fear of persecution hence he is no longer be termed as illegal asylum seeker but he will be given the status of Refugee as stated in by UNHCR. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR) UNHCR is located in Geneva, Switzerland which was formed in 1950 for protection and support for refugees at the request of United Nations. UNHCR provides security and support not only to refugees but also help needy and poor people. The categories of individual which they support include asylum seekers, refugees, helping to rebuild lives, civilian communities and internally displaced individuals. The main purpose of UNHCR is to protect the rights and health of refugees and endeavor to make sure that each inhabitant can seek the right for asylum and find themselves a safe refuge in another state. It is further ensured by UNHCR that such individuals return to their home countries either voluntarily, locally or by resettlement in a third country. ASYLUM AND HUMAN RIGHTS The Geneva or Refugee Convention is an international law which is designed to administer the circumstances in which an individual may be eligible to be granted asylum. UK is an official signatory to this convention and has agreed to abide by its terms and conditions. Any individual who is persecuted and then he have a fear of harm in his/her own country, than that particular individual may seek asylum in another country. According to the terms of the Refugee Convention the persecution should also cover one or more of the below mentioned reasons such as race, religion, nationality, political opinion and participation in social groups. UK is an active signatory of Human Rights Convention and it has been assigned the responsibility of not to return refugees to country where they would be liable for persecution. An asylum seeker is an individual who has lodged an application for asylum under the 1951 Refugee Convention. It is clearly mentioned in the Convention that claim of asylum is not a right of the individual but granting of asylum is the right of the state. The convention also includes social and economic circumstances of refugees in exile countries. Asylum seekers are granted specific permission status to remain in the UK which includes: Exceptional Leave to Remain, Humanitarian Protection and Discretionary Leave. The UK Border Agency (UKBA) is an agency which is responsible for securing the UK borders and controlling immigration in the UK. This agency is responsible for border control and enforcing immigration and custom regulations. They are also enforced with the responsibility to consider applications for permission to enter and stay in the UK, Citizenship and Asylum. As outlined in the Convention a refugee must be entitled to the equal social and economic rights as of UK citizen. A refugee will also be provided full access to medical treatment, education, housing and employment. BREACH OF APPLICANT’S HUMAN RIGHTS It is also possible for Mr. Kibi to apply for remaining in the UK, if his lawyer suggests that detaining him would be in breach of his rights as specified in the 1950’s European Convention on Human Rights. This convention contains various Articles concerning protected rights, in which most of the human rights claims are based on Article 3 which entails the prohibition on torture, brutal treatment and humiliation. Human Rights claim can be a part of an Asylum claim for Mr. Kibi under the Refugee Convention as stated above. UK Border Agency take under consideration the applicant’s account of persecution and their supporting documents which can meet criteria for granting asylum. It is necessary for the applicant to provide the following essentials to the UK Border Agency Office: Any adverse treatment the person fears which will lead to persecution The individual apprehension of such maltreatment is founded with substantiation The persecution should cover one of the five reasons as mentioned in the Human Rights Convention. The individual claims the risk of experiencing such maltreatment in the future if he/she is returned to home country. According to the UK signed Refugee Convention all countries are bounded by this international regulation according to which: Any individual in the UK has the right to ask for asylum The UK government is obligatory to such condition and it should not forcibly detain the individual to his/her homeland where they fear from being persecution. It is clearly outlined in the Convention that there is no human right applicable to immigration but the right to seek asylum is allowed and not limited. Human rights include various categories of human treatment which include humiliating behavior with any individual or with their family members, right to live a private life, right of expression and protest etc. The UK immigration and asylum policies have under lined the following breach of basic human rights for claiming asylum: Laws which are passes after September 11, 2001 which has allowed indefinite detention without charge of foreign nationals Policies contradicting support and employment rights to asylum plaintiffs leading to insolvency and poverty The needless and brutal confinement of men, women and children for unlimited periods The fast track system of asylum resolving which results in applicants being apprehended awaiting, extremely fast determination of their claim which results in intricate and sensitive claims being unjustly declined Individual seeking asylum in UK has certain obligations to which he/she must abide, according to which an individual waiting for their asylum decision are prohibited to work anywhere. It is clearly stated that asylum seekers are not lawfully allowed to work and will rely on Government support for their livelihood which includes accommodation and basic living cost. CASE STUDY: ZIMBABWEAN ENGINEER SEEKS ASYLUM James, who is an engineer from Zimbabwe, left his country with children when he had fear for his life in his homeland. According to James he was attacked by President Mugabe’s army for a period of three years. The reason reported by was his involvements with an opposition party. The condition became serious and ultimately he asked for asylum in Salford. Now he is living in Salford as an asylum seeker and waiting for the decision of refugee on his claim. At this point he is not allowed to do any sort of work and is funded by the local government. NEW ASYLUM MODEL The New Asylum Model has been introduced to close an escalating percentage of asylum cases within six months leading to either amalgamation or removal. This is done through the following process: SEGMENTATION In segmentation process all cases are sorted at the screening stage according to their basic characteristics. Segmentation depends on the nature of asylum claim which will then define asylum process, management and supporting arrangements for any individual. FASTER PROCESSING This method covers expected decisions which close cases by making final asylum decisions within twenty working days and for unaccompanied children the cases are closed at thirty five days. CASE OWNERSHIP The asylum tribunal has introduced a single case owner within their office who is liable for an asylum applicant’s case. LEGAL AID Some legal advisers are paid by the Legal Services Commission to work on the cases of low income clients for free. This process is funded by Legal Aid for which the clients are required to pass a means test in order to qualify. If the applicant is on BIA support then he/she is eligible for free legal advice from solicitors who will provide them Legal Aid. There are three levels of work defined for an advisor which are: LEGAL HELP This section includes advice and assistance which is provided to the applicant for preparing for an asylum application but such legal help will not be represented in a court or tribunal. CONTROLLED LEGAL REPRESENTATION This level includes litigation representation in the Asylum and Immigration Tribunal. PUBLIC FUNDING CERTIFICATES Such certificates are issued for judicial review proceedings in the High Court and for making appeals to the Court of Appeal. THE HUMAN RIGHTS ACT AND REFUGEES IN UK In October, 2000 the Human Rights Act of 1998 cam into full effect in UK and it was announced that most of the rights are applicable in UK as outlined in European Convention on Human Rights (ECHR). According to this enforcement the refugees are provided additional benefit. Based on 1951 Refugee Convention it must be ensured that no refugee should be returned to a state where they fear persecution for any specific reason and they should also not be forced to move to another unsafe state. ECHR has provided additional protection to refugees and asylum seekers and they will gain additional protection of Article 3 of EHCR, according to which such individuals should not be tortured, punished or provided inhumane or degrading treatment. BIBLIOGRAPHY Great Britain. UK Borders Act 2007. TSO Shop, 2007. Great Britain: National Audit Office. Management of Asylum Applications by the Uk Border Agency. 2009: TSO Shop, n.d. Great Britain: Parliament: Joint Committee on Human Rights. The treatment of asylum seekers: tenth report of session 2006-07. TSO Shop, 2007. Harvey, Colin. Seeking asylum in the UK: problems and prospects. Cambridge University Press, 2000. Hathaway, James C. The rights of refugees under international law. Cambridge University Press, 2005. Helen Fenwick, Gavin Phillipson, Roger Masterman. Judicial reasoning under the UK Human Rights Act. Cambridge University Press, 2007. Mission and Public Affairs Council, Church of England. A place of refuge: a positive approach to asylum seekers and refugees in the UK. Church House Publishing, 2005. Niklaus Steiner, Mark Gibney, Gil Loescher. Problems of protection: the UNHCR, refugees, and human rights. Routledge, 2003. Read More