Immigration Barristers' Blog

Following the publication of the 'Landing in Dover' report by the Children's Commissioner for England, the Executive Director of the Centre for Social Justice, Gavin Poole, has issued a statement welcoming the increased protection for children, and calling for further changes to help protect adult victims of human trafficking.

The statement reads:

“This crucial report from Maggie Atkinson, the Children's Commissioner for England, takes important steps to place unacceptable practices relating to child trafficking firmly in the spotlight. It reinforces some widely held fears that the sheer scale of those trafficked into the UK, and the extent of the crime, is both unknown and undocumented. The report demonstrates that individuals, those too often dismissed as  “illegal immigrants”, are in fact victims of crime, abuse and exploitation and are in need of specialist care.

“Whilst it is encouraging that these practices have reportedly been halted at all UK ports for unaccompanied children, it is disturbing that no changes have been made to protect adults. Those trafficked to the UK are among the most vulnerable members of society, at high risk of exploitation and abuse. Every individual, adult or child, should be given a chance to explain their real story. The risks and extent of trafficking must be fully understood and acknowledged within the Border Agency and at ports across the country; only then can we effectively support the victims and prosecute the perpetrators of this most shameful of crimes.”

A lecturer at Glasgow Caledonian University is to undertake a study into the public’s attitude towards the problem of human trafficking – and how consumers’ spending habits contribute towards it.

Acording to Dr Kiril Sharapov, there is a widespread misconception that human trafficking is only associated with the illegal sex trade, where people are forced into prostitution after being trafficked across borders.

He believes a growing demand for cheap goods and services, and lack of public awareness of trafficking, obscure our concern for the welfare of the migrant workers involved.

Such demand and lack of awareness fuel the exploitation of migrant workers, many of whom work in a wide variety of everyday situations, including care homes, hotels, and construction.

“Trafficking is not just the issue of badly controlled borders, or economic migrants or criminals,” said Dr Sharapov. “It should be looked at from the perspective of why people are smuggled and trafficked here – there is a demand for cheap and exploitable labour. The rising costs of energy and raw materials and the continuing economic downturn are having a direct impact on the price of consumer goods.”

“This creates downward pressure on wages and an increasing demand for cheap labour that can be easily intimidated, for example by physical violence, threats of deportation or to the security of family back home, and exploited.”

Dr Sharapov’s work will focus on the UK (where people are trafficked to), Ukraine (where people are trafficked from) and Hungary (where people are trafficked through).

He will be based at Central European University in Budapest for the duration of his two-year study, which it is hoped will lead to policy changes relating to human trafficking at national as well as international level.

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.

UN Secretary-General, Ban Ki-moon, has published a message for International Migrants Day, which was observed on 18th December.

In his message he said:

“Migration affects all countries — and so do myths and misperceptions about its impact. There are many false assumptions surrounding migration.

One such myth is that migrants are a burden. In reality, migrants make vast contributions to host countries. As workers, they bring skills. As entrepreneurs, they create jobs. As investors, they bring capital. In advanced and emerging economies, they play an indispensable role in agriculture, tourism and domestic work.  Migrants often care for the youngest and oldest members of society.

People view irregular migration as a crime. Many think migrants who lack proper documents are a danger to society and should be detained, or that all women who migrate to take up low-skilled jobs have been trafficked. These and other unfounded beliefs lead to the adoption of migration policies that are irrelevant at best, or even dangerous.

States have the sovereign prerogative to manage their borders. But, they also have the duty to abide by their international legal obligations. Under international human rights law, all persons, without discrimination and regardless of nationality or legal status, are entitled to enjoy fundamental human rights. No migrant should be sent back to a place where he or she will be tortured. Every migrant woman should have access to health care, including reproductive health care. Every migrant child should be able to go to school.

Human rights are not a matter of charity, nor are they a reward for obeying immigration rules. Human rights are the inalienable entitlement of every person, including the world’s 214 million international migrants, as well as their family members.

Forty-five countries have ratified the International Convention on the Rights of All Migrant Workers and Members of their Families. I call on all others to join this important treaty as a concrete affirmation of their commitment to protect and promote the human rights of all migrants on their territories.

When their rights are violated, when they are marginalized and excluded, migrants will be unable to contribute either economically or socially to the societies they have left behind or those they enter. However, when supported by the right policies and human rights protections, migration can be a force for good for individuals, as well as for countries of origin, transit and destination.

Let us give meaning to International Migrants Day by taking constructive steps to leverage this global phenomenon into a force for 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.

FRONTEX, the EU border control agency set up in 2004, is to appoint an inspector to ensure that EU border checks respect human rights, under changes to its mandate adopted by the European Parliament.