Without the UK Border Agency, what will happen to those seeking sanctuary on our shores?

Restructuring the UKBA will not confront its fundamental problems.

 

When David talks about the UK Border Agency a grin brightens his tired face; for him the shambolic organization that has taken nearly four years to decide what to do with him is joke. His eyes light up in disbelief as he describes being flown back from the UK to Democratic Republic of Congo (the country refused to recognize him as a citizen; he is effectively stateless), first class, with four bodyguards. He chuckles sadly: “Like a king. They like to spend money too much.”

David laughs less now. He takes anti-depressants to medicate the reality of being a relatively recent statistic in the UKBA’s immigration backlog. The outsourced security guards wrestling a woman onto a flight; the immigration removal centre roommate hitting his head against a wall, again and again, screaming, “I am not an animal”. The short term deportation holding room “three times the size of a toilet, half an hour outside everyday”. He cannot shake these memories; they rest heavy on his sanity. But insists he will get a final decision on his case, “whether the UKBA likes it or not”.

As of Tuesday the UKBA in the form that David knew it will no longer exist. Theresa May announced in parliament that the organisation will be split in two, and operations brought under the control of Home Office ministers. May said the UKBA was too large, secretive and unaccountable, lacked decent IT operations and struggled to navigate the law.

The announcement came a swift 24 hours after the Home Affairs select committee published a damning report on the UKBA’s operations. Among many other things the committee raised concerns about a backlog of more than 320,000 cases, a 53 per cent rise in the number of refugees waiting more than six months for an initial decision, and 150 boxes found in a room in Liverpool containing thousands of unopened letters from applicants, MPs and lawyers. The report also touched upon the effect of the chaos on human lives; it asked why Capita was paid £2.5m-3m to send people text messages asking them to leave the country. And why did UKBA case workers systematically ignored rule 35, which states staff must act if a person’s health is likely to be “injuriously affected” by detention.

This report is one of many to expose the failings of the UKBA, but how does May’s decision to restructure the agency confront its fundamental problems? Put simply, it does not. The Guardian reports that one senior civil servant told Home Office staff: "Most of us will still be doing the same job in the same place with the same colleagues for the same boss and with the same mission.”

What exactly is the UKBA’s mission? In a memo to its private partners chief executive Rob Whiteman said the mission was to “keep Britain’s streets safe and our borders secure”. Under the new plans there will be two services, he says. One that makes “high-quality decisions” for “business men and visitors” and another that, “gets tough on those who break our immigration laws.”

Should border control really just be about servicing businessman and keeping out “illegals”? What about those legitimately seeking sanctuary on our shores?

As has been stated extensively elsewhere and by May herself there are numerous faults with the current incarnation of the UKBA. But disturbing evidence shows an entrenched culture of disbelief when assessing asylum claims, a disregard of the UK’s need to protect people from torture and wrongful imprisonment.

In March last year the UKBA wrote to the Direction Generale de Migration (DGM), a government department in the Democratic Republic of Congo, inviting officials to visit Britain (all expenses paid) to help “redocument” 80 people held in detention centres in and around London. The interviews would take place over a four day period, with decisions on the nationality given within 24 hours of each interview.

The interviews took place at Brook House and Colnbrook Immigration Removal Centres. Delegates from the Congolese ministry of foreign affairs and DGM asked refused asylum seekers and detainees with spent prison convictions in the UK questions about their parents and other family members. Soon after several migrants and refugees held in British detention centres were deported to the DRC.

The UKBA has done nothing wrong here. This process, where foreign officials interview people who have claimed asylum in the UK, is not unusual even in cases where individuals fear those very governments. However, in the case of the DRC charities and campaigners raised concerns that failed asylum seekers and foreign national prisoners returned from the UK were at risk of torture and unlawful imprisonment on return; the allegation is that the interviews with the DGM in Britain are used to identify these people in advance of their return. Justice First, an NGO, went to the DRC to gather evidence from returnees who reported numerous abuses. The report was published at the end of 2011, the UKBA only got round to responding to it and investigating claims made several months after inviting the members of the DRC government, to identify the people they have been accused of torturing.

Shortly after the interviews, Barnabe Kikaya Bin Karubi, the Congolese ambassador, told an All Party Parliamentary Group in June that all failed asylum seekers would be punished on return to the DRC. According to those who attended the meeting, the ambassador said such people would be “suitably punished on return”. Several MPs intervened appealing to Damian Green, the immigration minister who will now play a major role in delivering the UKBA’s former services. Despite this returns continued. (The UKBA has since conducted a fact finding mission to the DRC and found evidence of torture and the ambassador has retracted his comments).

Jo Wilding, an immigration barrister at Garden Court Chambers, said: “Part of the problem is a culture of disbelief in the UKBA, whereby those making decisions in individual cases start from the assumption that people are lying, then look for the slightest evidence to prove that. If there is a [no] new body making asylum or trafficking decisions or making enforcement decisions, the culture of disbelief, the lack of training and empathy, the failure to properly apply policies are likely to remain exactly the same.”

The disregard shown to allegations of torture and false imprisonment in this case, and cases like that uncovered by Freedom from Torture about abuses in Sri Lanka, will continue even without the existence of the UKBA. In such cases ministers were alerted and failed to act, now those same ministers are in charge.  

 

Refugees celebrating last year's Diamond Jubilee at a party organised by the Refugee Council. Photograph: Getty Images

Rebecca Omonira-Oyekanmi reports and writes on immigration, women and economics, housing, legal aid, and mental health. Read her latest work here. Her blog rebeccaomonira.com was shortlisted for the 2012 Orwell Prize. She tweets @Rebecca_Omonira.

Photo: Getty
Show Hide image

French voters face a choice: Thatcherism or fascism

Today's Morning Call. 

Francois Fillon has been handed the task of saving France from a Marine Le Pen presidency and, by extension, the European Union from collapse, after a landslide win over Alain Juppé in the second round of the centre-right Republican party primary, taking 67 per cent of the vote to Juppé's 33 per cent. 

What are his chances? With the left exhausted, divided and unpopular, it's highly likely that it will be Fillon who makes it into the second round of the contest (under the French system, unless one candidate secures more than half in the first round, the top two go to a run off). 

Le Pen is regarded as close-to-certain of winning the first round and is seen as highly likely to be defeated in the second. That the centre-right candidate looks - at least based on the polls - to be the most likely to make it into the top two alongside her puts Fillon in poll position if the polls are right.

As I explained in my profile of him, his path to victory relies on the French Left being willing to hold its nose and vote for Thatcherism - or, at least, as close as France gets to Thatcherism - in order to defeat fascism. It may be that the distinctly Anglo-Saxon whiff of his politics - "Thatcherite Victor vows sharp shock for France" is the Times splash - exerts too strong a smell for the left to ignore.

The triumph of Brexit in the United Kingdom and Donald Trump in the United States have the left and the centre nervous. The far right is sharing best practice and campaign technique across borders, boosting its chances. 

Of all forms of mistake, prophecy is the most avoidable, so I won't make one. However, there are a few factors that may lie in the way of Le Pen going the way of Trump and Brexit. Hostility towards the European project and white  racial reaction are both deeply woven into the culture and politics of the United Kingdom and the United States respectively. The similarities between Vote Leave and Trump are overstated, but both were fighting on home turf with the wind very much at their backs. 

While there's a wider discussion to be had about the French state's aggressive policy of secularism and diversity blindness and its culpability for the rise of Le Pen, as far as the coming contest is concerned, the unity of the centre against the extremes is just as much a part of French political culture as Euroscepticism is here in Britain. So it would be a far bigger scale of upheaval if Le Pen were to win, though it is still possible.

There is one other factor that Fillon may be able to rely on. He, like Le Pen, is very much a supporter of granting Vladimir Putin more breathing space and attempting to reset Russia's relationship with the West. He may face considerably less disruption from that quarter than the Democrats did in the United States. Still, his campaign would be wise to ensure they have two-step verification enabled.

A WING AND A PRAYER

Eleanor Mills bagged the first interview with the new PM in the Sunday Times, and it's widely reported in today's papers. Among the headlines: the challenge of navigating  Brexit keeps Theresa May "awake at night", but her Anglican faith helps her through. She also lifted the lid on Philip May's value round the home. Apparently he's great at accessorising. 

THE NEVERENDING STORY

John Kerr, Britain's most experienced European diplomat and crossbench peer, has said there is a "less than 50 per cent" chance that Britain will negotiate a new relationship with the EU in two years and that a transitional deal will have to be struck first, resulting in a "decade of uncertainty". The Guardian's Patrick Wintour has the story

TROUBLED WATERS OVER OIL

A cross-party coalition of MPs, including Caroline Lucas and David Lammy, are at war with their own pension fund: which is refusing to disclose if its investments include fossil fuels. Madison Marriage has the story in the FT

TRUMPED UP CHARGES?

The Ethics Council to George W Bush and Barack Obama say the Electoral College should refuse to make Donald Trump President, unless he sells his foreign businesses and puts his American ones in a genuine blind trust. Trump has said he plans for his children to run his businesses while he is in the Oval Office and has been involved in a series of stories of him discussing his overseas businesses with foreign politicians. The New York Times has detailed the extentof Trump's overseas interests. 

TODAY'S MORNING CALL...

...is brought to you by the City of London. Their policy and resources chairman Mark Boleat writes on Brexit and the City here.

CASTROFF

Fidel Castro died this weekend. If you're looking for a book on the region and its politics, I enjoyed Alex von Tunzelmann's Red Heat, which you can buy on Amazon or Hive.

BALLS OUT

Ed Balls was eliminated from Strictly Come Dancing last night, after finishing in the bottom two and being eliminated by the judges' vote.  Judge Rinder, the daytime TV star, progressed to the next round at his expense. 

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

Helen reviews Glenda Jackson's King Lear.

MUST READS

Forget Castro's politics. All that matters is he was a dictator, says Zoe Williams

The right must stop explaining away Thomas Mair's crime, I say

It’s time to end the lies on immigration, says Anna Soubry

Get Morning Call direct to your inbox Monday through Friday - subscribe here. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.