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.

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The investigation into Australia’s “Abu Ghraib” could neglect wider abuses in the Northern Territory

Footage from a youth detention centre in the Northern Territory capital, Darwin, may not be enough for authorities to finally address endemic discrimination in the region.

It isn’t Abu Ghraib, but you could be forgiven for making the mistake when you first see the picture of the hooded 17-year-old.

In shocking footage made available to the public for the first time on Monday night, guards at a juvenile detention centre in Darwin are seen apparently systematically abusing the teenager Dylan Voller in a horrific timelapse.

The Australian investigative series Four Corners aired CCTV footage showing guards body-slamming him to the ground, punching him in the head, violently stripping him naked, and pinning him to the ground in a hog-tie position.

It continues, piling atrocity on atrocity from when he was a 13-year-old detainee in 2010, until he is shown shackled to the chair in the already infamous photo from footage this year. It is understood that Voller has long been the object of special animosity from the guards.

Voller was not the only child suffering in the Don Dale facility over the years; tapes also showed six boys being tear-gassed in August of 2014. They had reportedly been kept in tiny isolation cells for 23 hours a day, some of them for weeks, though laws limited such confinement to 72 hours.

At the time, the press was told that there had been a riot at the prison in its maximum security cells but the newly-released footage shows a markedly different set of events. Guards had left one of the boy’s doors unlocked, and he slipped out of his cell and broke a window. Just as he appeared to be surrendering, guards took the decision to gas all six boys in the wing, five of whom were in their cells.

This situation would be shocking enough, but attitude shown by the guards – who laughed when the would-be escapee soiled himself, calling him unprintable names – has sent the whole country into an uproar.

Australia has a complicated justice system; it is technically governed by the Crown and it’s made up of both states and Territories. Policies shift wildly between them, and the Northern Territories are governed by what Australians call The Intervention, a series of paternalistic policies meant to cut back on crime and violence in Indigenous communities.

In 2007, then Prime Minister John Howard announced that pornography and alcohol would be banned for Aboriginal peoples in the Northern Territories, and welfare spending restricted by item.

Though only 3 per cent of the general population, Indigenous people make up 28 per cent of Australia’s incarcerated adult population, and 54 per cent of jailed youth nationwide. In the Northern Territories that youth number nearly doubles to 97 per cent

John Elferidge, who until yesterday was the NT Minister for Corrections, said that the trouble was due to a “lack of training”.  Adam Giles, the NT’s Chief Minister, has sacked Elferidge and personally taken over the portfolio, saying he was kept in the dark about these events Giles has pledged to appoint a permanent Inspector General for the Territory.

Prime Minister Malcolm Turnbull has called for a Royal Commission into the allegations of abuse and torture by prison workers, to be completed by early next year.

This is in itself controversial, because Turnbull has taken the decision to limit the Commission’s scope to the Don Dale facility alone – in the interest of speed and efficiency, he says – instead of investigating the whole of the Territory. Given that some of these guards have since transferred to other facilities, many people are concerned that this narrow investigation will fail to remedy the horrific problems.

Dylan Voller remains in isolation in an adult prison. Peter O’Brien, solicitor for both Voller and another of the boys, has called for his immediate release, saying that three of the guards from Don Dale are still in charge of his welfare.

It is unclear how much of this abuse is actionable. In most of Australia the statute of limitations to allege abuse by staff is three-six years. In the Northern Territories, it is a mere 28 days.

Linda Tirado is an author and activist who works in America, Australia, and the UK.