Chapter 2

2.1 Introduction

There is an increasing volume of papers, conferences, discussion and activity relating to migration. See websites of organizations such as the Migrants’ Rights Network, Institute for Public Policy Research, Refugee Council, COMPAS (Centre on Migration, Policy and Society), and particularly

2.2.1 Security

The UK Borders Agency came into being in April 2008. The announcement on its website says that its purpose is to:

"improve the United Kingdom's security through stronger border protection whilst welcoming legitimate travellers and trade."

2.2.2 Economic growth

The House of Lords Economic Affairs Committee published a controversial report in April 2008 – The Economic Impact of Immigration HL paper 82. Their findings included that net immigration was not indispensable to fill skills shortages in the UK. Overall the lack of reliable information was such that it was difficult to draw firm conclusions about the economic effects of immigration, but such evidence as there was suggested long term benefits were small. They recommended a review of a number of policies, including that minimum standards of working conditions should be more effectively enforced, the objectives and implications of the points-based system should be clarified, and population growth through immigration strictly managed and justified.

The government’s response, Cm 7414, June 2008, on the whole defended government policies. These documents are important sources for understanding current policy issues concerning economic migration.

2.3 Institutional basis of immigration control – an overview

In R (on the application of BAPIO Action Ltd & another) v SSHD and another [2008] UKHL 27 the House of Lords held that guidance issued by the Department of Health was unlawful. The guidance affected the employment rights that went with an immigration status and thus the immigration status itself. The purpose of the guidance was precisely to affect immigration status, but Lords Bingham and Carswell held that the power to do this was reserved to powers given by the Immigration Act 1971 and rules made under it. The exercise of this power by a different government department (the Department of Health instead of the Home Office) was unlawful.

2.5.3 Amendment to rules and policy

In R (on the application of HSMP Forum Ltd) v SSHD [2008] EWHC 664 (Admin) the court held, in circumstances and on arguments virtually identical to those in AA, that there was a breach of a legitimate expectation of migrants on the HSMP by applying new terms to their extension applications. The scheme was to be treated as an integrated whole.

In 2006 the government changed the rules concerning indefinite leave to remain, to require 5 years residence in a qualifying category instead of four. In general, this has been treated as lawful, as migrants are not held to have an enforceable expectation that the will obtain indefinite leave to remain. In the case of people on the Highly Skilled Migrants Programme the situation is different, because applicants were led to expect that they would be wanted in the UK long term. Thus another challenge by the Forum succeeded and the Administrative Court held that it was unlawful to withhold indefinite leave to remain from those members of the HSMP who were already on the scheme before 3rd April 2006 by reference to a qualifying period of 5 years residence (R on the application of HSMP Forum (UK)Ltd v SSHD [2009] EWHC 711).

2.6.2 Immigration control within the borders: tracking and tracing

The priorities for the new Local Immigration Teams of the UK Border Agency were announced on 19th June 2008. Those announced in the press release of that date (see www.bia.homeoffice.gov.uk/sitecontent/newsarticles/localimmigrationteamstobe) are entirely enforcement oriented.

Compulsory identity cards for foreign nationals are now being introduced. An application for an identity card has been an essential part of applications for extensions of leave for students, spouses, civil and unmarried partners from 25th November 2008. Photographs and fingerprints are taken, so attendance is required at one of seven centres around the country. Since March 2009 an identity card must also be issued to:

academic visitors granted leave for more than six months;
visitors for private medical treatment;
domestic workers in a private household;
those given leave on the basis of United Kingdom ancestry;
those already in the UK as retired persons of independent means when extending leave;
sole representatives;
dependants of the above where applicable and when applying at the same time; and
those applying for a transfer of conditions from an old to a new passport.

The procedure can be seen in summary form here: www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/identity_cards_for_foreign_1

Reading:
Asylum Support Partnership, The Second Destitution Tally 2009
Independent Asylum Commission reports, including in particular the final one: Deserving Dignity
Migrants’ Rights Network: Irregular Migrants: the Urgent Need for a New Approach (2009)
----- The Impact of the Civil Penalty Regime on the Employment Rights of Migrants in the UK (2008)
Ryan, Bernard, ‘Integration Requirements: a New Model in Migration Law’ Journal of Immigration Asylum and Nationality Law (2008) Vol.22 no. 4 pp. 303-316