Section 3

Ronnie is an immigration officer based at Heathrow. He has been trained to operate the Eurodac fingerprinting system, and understands that he has an obligation to be scrupulous in an examination of a passenger entering the UK if he has reason to believe that they may make a false claim for asylum.

Joe has arrived on a flight from Zimbabwe, his country of nationality, with his passport endorsed with a visitor’s visa. He explains to Ronnie that the purpose of his trip is business. He has been trading with a company in Hertfordshire and has come to visit their premises and talk about some new opportunities.

Ronnie is suspicious. He knows there are a lot of unsuccessful asylum claims from Zimbabwe. He is not certain that it would be right to refuse Joe, as the visa looks genuine, but decides that getting him on record and keeping a track of him would be the best option. He tells Joe that he wants to take his fingerprints. Joe complies. Later someone tells Joe that action was unlawful. Is this advice right? What is the legal position?

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Section 3