High Court judge has the home secretary to stop sending failed asylum seekers back to the D R Congo

A high court judge has ordered Jacqui Smith, the home secretary, to stop sending failed asylum seekers back to the Democratic Republic of Congo.

Mr Justice Collins heard evidence that some of those who had been returned by the UK had suffered rape and torture at the hands of officials or agents after arriving at Kinshasa by charter plane in February.

Ten failed asylum seekers brought the action after Ms Smith refused to halt another charter flight scheduled to take 70 people to Kinshasha on August 30.

They were represented by Christopher Jacobs, who argued that the removals should not go ahead until after an asylum and immigration tribunal (AIT) hearing in September to evaluate whether Congo was a fit country to return asylum seekers.

Lisa Bush, representing the home secretary, said there was strong evidence that the country was a safe destination and that many of the claims were lies or exaggerations.

But the judge ruled Ms Smith must accept that she could not remove any failed asylum seekers until the AIT came to a decision although she could take the case to appeal. “In the meantime, she must not remove any failed asylum seekers,” he said.

The tribunal will hear from former immigration officers and security staff in Kinshasha, who will give evidence about what happened to some of those on the February charter flight, and from victims of torture, beatings and rape.

Mr Justice Collins asked Miss Bush whether the home secretary had “completely reliable” evidence that there was no risk for the deportees. She said there was “no realistic possibility” that those returned faced a risk.

The judge said: “Difficult decisions have to be made. But you are playing with people’s lives and if you get it wrong, the decision may affect whether a person lives or dies or whether they are dealt with in an appalling fashion.”

He said he understood the home secretary was under pressure from those trying to stem the tide of immigration. “If you chose to take the job then you are landed with these sorts of pressures,” he said.

He pointed out that his decision did not mean an end to removals to the Democratic Republic of Congo, only a halt until the AIT made its decision.

Immigrants do not abuse Britain’s welfare system

Contradicting widely held beliefs, new figures released by the UK’s National Insurance bureau show that immigrants do not abuse Britain’s welfare system.

2006 figures show that only 2.4 percent of immigrants claimed unemployment benefits after receiving their National Insurance number. However, Conservatives believe the figures still show that the government is too soft on immigration.

Shadow work and pensions secretary Chris Grayling says that citizens will find it surprising “that so much money is being spent by our benefits system on people who are supposed to have come to the country to work.”

The government disputes this criticism, saying that National Insurance figures corroborate the Home Office’s own data. Among the data collected, government figures have shown that immigrants contribute £2.5 billion to the Treasury yearly.

Conservatives are proposing annual limits on immigration which has been lambasted by business leaders and the government.

Nick Clegg, Liberal Democrat home affairs spokesperson argues that immigration has a positive effect on the UK economy, but said that the government could have prepared better.

“A liberal open immigration policy only makes sense if you also plan for its consequences. It is clear that the government has failed to plan adequately both in terms of housing and funding for local services,” he said.

“It should be remembered, however, that people are only coming to Britain because they are successfully providing services and doing jobs available in the British economy to the benefit of British consumers,” added Clegg.

2.5 million people have moved to the UK since 2002, the majority of whom are under 35. The expansion of the EU contributes significantly to the numbers, with new EU-member citizens accounted for nearly half of those arriving in Britain last year.

Britain’s popular Highly Skilled Migrant Programme (HSMP) — a points-based system that awards points for such factors as education, experience, and age — has been another source of migrants.

Webchat with Jacqui Smith, Home Secretary

Sandra Short: Dear Home Secretary,

First of all, welcome to your new and challenging job.
What are your plans for the thousands of illegal immigrants, that live, work and contribute to the UK economy?
Do you have any plans for an amnesty as it was backed by the 2 of the contestants to the labour leadership, and also backed by the Institute for Public Policy and many other bodies?
Such a move would bring thousands of people who lived in the UK for so many years from the shadow to the mainstream, and such a move would help with tackling the issue of terrorism as you get to know the background of the so many thousands of the so called illegal?

have a good day!

Thank you

Sandra

Jacqui replies: Sandra – thanks for your best wishes.  I don’t support an amnesty for those who have come here illegally.  I’d be worried that this would encourage more people to come illegally which would be bad for them and for the effectiveness of our immigration system.

My priority is to ensure that decisions about asylum status are taken quickly and where people have permission to stay, they are able to settle into work and their communities as quickly as possible.  This also means that people who have to leave will know quickly.  There is real progress in delivering this.

With old cases, we have already announced that we want these to be worked through thoroughly and cleared in five years or less.Malcolm Stentiford: Does the government recognise that the current pace of immigration to the UK is unsustainable and if so, how do you intend to address it?

Jacqui replies: Across the world, increasing numbers of people are travelling to live and work.  This is why we have focussed so hard on ensuring that our immigration system is fair, fast and firm.  As our economy grows we will manage migration to ensure that we can fill job vacancies and boost the economy whilst always being careful to ensure that we prevent illegal working and the abuse of the system.  To get that balance right, we’ve set up the Migration Advisory Committee to advise on who we need in the UK and the Migration Impact Forum to assess the impact of migration on our public services.  And we’ve created the Border and Immigration Agency to keep our borders secure, to handle asylum applications quickly and fairly, to track down those here illegally and to ensure migration benefits our country and those who do have a right to come and live in our country.