Immigration Barristers' Blog

The United Nations Special Rapporteur on the human rights of migrants, François Crépeau, will undertake a one-year comprehensive study to examine the rights of migrants in the Euro-Mediterranean region, focusing in particular on the management of the external borders of the European Union.

The study will include an examination of the EU directives and national policies in place with respect to visa regimes and border control. It will also assess management policies and practices, interception practices including on land and at sea, detention regimes and conditions, returns and readmission.

“Although migration to and from the European region is not a new phenomenon, since the 1990s the region has witnessed a sharp increase in migration movements,” noted the independent expert, reiterating his call to the international community “to embrace a new, balanced discourse on migration based on equal rights, non-discrimination and dignity, as well as on reality.”

The project will culminate in a thematic report which will be presented to the UN Human Rights Council in June 2013.

The general quality of the UK Border Agency’s decision-making can and must be improved, said John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, publishing his global review of entry clearance decision-making.

The global review inspection took place between December 2010 and June 2011, and involved an examination of almost 1,500 visa cases from 84 visa decision-making posts worldwide.

At the time of inspection, the Chief Inspector was pleased to find that: the Agency was meeting its customer service targets in the vast majority of cases; there were examples where entry clearance officers had used their discretion to make additional checks in order to support their decision-making; more action was being taken to verify information that had been provided by applicants; the quality of refusal notices was good and, in the majority of cases, refusal grounds were clearly communicated to applicants.

However, the Chief Inspector was concerned to find that: the overall quality of decision-making left considerable room for improvement; in a third of visa cases sampled, errors were found in the way evidence was assessed by entry clearance officers; visa case reviews undertaken by entry clearance managers were not always effective; and applicants were refused entry clearance for failing to provide information which they could not have been aware of at the time of submitting their applications.

The European Commission has proposed to strengthen dialogue and operational cooperation with non-EU partner countries in the area of migration and mobility, deepening the proposals contained in the Communication on a Partnership and Shared Prosperity with the Southern Mediterranean, of 8th May.

The new approach is detailed in a renewed 'Global Approach to Migration and Mobility' which places mobility of third country nationals at its centre and which makes partnerships more sustainable and forward-looking. Mobility of third country nationals across the external EU borders is important as it applies to a wide range of people, such as short-term visitors, tourists, students, researchers, business people or visiting family members and linked to visa policy.

Priority will now be given to two main operational frameworks:

Firstly, Mobility Partnerships will be offered to the EU's immediate Neighbourhood and to Tunisia, Morocco and Egypt in the first instance. Mobility partnerships offer a concrete framework for dialogue and cooperation between the EU and non-EU countries. These partnerships are focused on facilitating and organizing legal migration, effective and humane measures to address irregular migration, and concrete steps towards reinforcing the development outcomes of migration. Concluding visa facilitation and readmission agreements are to be part of these partnerships.

For other countries, the Commission proposes to set up Common Agendas on Migration and Mobility that will constitute an advanced level of cooperation, based on a number of common recommendations, targets and commitments for dialogue and cooperation.

Migration and Mobility Resource Centers will be set up to provide resources and support to individuals and partner countries in the areas of skills and labour matching. The recently launched online EU Immigration Portal will, in addition, help migrants to make more informed choices about migration and mobility towards the EU.

A Global Approach Report will now be prepared every two years, starting from June 2013, in order to monitor implementation and ensure progress.

The European Commission has recently adopted a Communication which sets out the main options for using new technologies to simplify life for foreigners frequently travelling to the EU and to better monitor third-country nationals crossing the borders.