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Judges attack ‘abusive’ migrant appeals | Immigration Matters

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Judges have made an unprecedented attack on the ‘wholly abusive’ way that immigrants are exploiting the British legal system, the Daily Mail reports.

The Judges Council said that, for some types of appeal, a staggering 85 per cent of cases did not have any ‘merit’.

They have either been ‘dreamt up’ by lawyers seeking to line their own pockets, or are a blatant last-ditch attempt to stop deportations taking place.

Judge Anthony May said most claims were the third or fourth time a person had been to a tribunal.

Many – including appeals made by foreign criminals – are brought under the controversial Article 8 of Labour’s Human Rights Act – the ‘right to a family and private life’.

And despite the rampant exploitation of the system, the taxpayer is writing legal cheques worth £12million a year for immigration cases. Effectively – and farcically – the British Government is picking up the bill for the thwarting of its own attempts to control immigration.

In a single year, the public funded a staggering 37,300 immigration appeals, according to Ministry of Justice figures seen by the Mail. It is the equivalent of more than 100 cases every day.

Justice officials say the legal aid is being spent on ‘advice on how to get a visa to enter the UK, or how to avoid being deported once they’re here’.

It includes advice to immigrants from Europe looking to work in Britain, and migrants from outside Europe who want to study, get work experience or join their families who have emigrated to the UK.

In a devastating letter to Justice Secretary Kenneth Clarke, the Judges Council of England and Wales – which speaks for the judiciary – paints a picture of appalling abuse. The judges say that, out of 12,500 judicial review claim forms issued in the Administrative Court in 2010, about 7,500 concerned asylum or immigration.

The claims have been considered – and dismissed – by the Secretary of State and at least one immigration tribunal, making the judicial review a ‘second or sometimes the third or fourth bite of the cherry’.

The judges’ letter to Mr Clarke goes on: ‘Most claims fail, most of the claims which fail are without merit, and many are wholly abusive of the court’s process.

‘When the claim itself is publicly funded, two sets of publicly funded costs will be incurred – all irrecoverable. No-one derives any legitimate benefit from this litigation.

‘The intervention of publicly funded lawyers does not reduce the number of unmeritorious claims of this type to the extent that might be expected. Bad claims are advanced by publicly funded lawyers as well as by litigants in  person – albeit litigants in person are responsible for a greater proportion of hopeless cases. Often, bad claims are advanced by  lawyers which an individual would not have thought of for himself.’

One senior immigration judge, Sir Anthony May, said most claims he heard were the third or fourth time a person had been to a tribunal.  They are brought by failed asylum seekers trying to block their removal at the last minute.

Sir Anthony said: ‘Sometimes we have to deal with 20 or even more such applications every day when there is a chartered flight going out of Gatwick, Stansted or wherever it is. Let us say that 85 per cent of them – that is a figure I rather pluck out of the air but it is of that order – are of no merit.’

Last week, the Mail revealed how the Human Rights Act was having a huge negative impact on the immigration system. Thousands of foreign criminals, failed asylum seekers and EU ‘benefit tourists’ are using the legislation to thwart Home Office attempts to enforce the rules.

In the overwhelming majority of cases, they are using the controversial Article 8. Cases included  hundreds of EU citizens who had no intention of working – but were permitted to stay here to potentially enjoy a life on benefits.

Sir Andrew Green, chairman of Migrationwatch, said: ‘This is not just the right to family life.  It is the right to family life at the expense of the hard-pressed taxpayer. 

‘It brings the whole concept of human rights into disrepute. It is high time we took a critical look at the European Convention on Human Rights which is being exploited by lawyers in ways never remotely envisaged by its authors.’

Violent criminal Asim Parris beat deportation under human rights laws guaranteeing his ‘right to a family life – despite having little interest in his daughter and a string of convictions.

The 23-year-old convinced immigration judges and the Appeal Court that his ‘close bond’ with his daughter meant he should stay in Britain.

It thwarted an attempt by the Home Office to have him deported to Trinidad after a conviction for drug dealing.

Parris told an immigration tribunal and three Appeal Court judges that he was remorseful for his crimes and that his deportation would hurt his relationship with his daughter.

The Appeal Court ruled that the impact on members of Parris’s family would be  ‘disproportionate, especially since he has a child who has a strong bond with him’.

But Naomi Chambers,  Parris’s former girlfriend and the mother of his daughter Reinaya, said: ‘It’s not fair for him to use her as an excuse for staying. He’s only started to see her more regularly since the court case started, to prove he’s got family ties.

‘It was ridiculous that he told the court he is so close to her because he never saw her when he was out of prison.’

Parris came to Britain aged three to join his mother, who had remained here illegally after attending a niece’s engagement party.

She gained leave to stay and got British passports for Parris’s older brother and two sisters. However, she failed to obtain one for him.

After Reinaya’s birth in June 2007, Miss Chambers left Parris. Two months later, he attacked her while trying to snatch the child.

Parris was found guilty of battery and destruction. A string of offences followed, including possession of drugs, but an immigration tribunal found ‘there is no evidence at all that he has resorted back to drug taking, pushing or possessing’. Source: Daily Mail.

See also:

Students are not migrants says MP Keith Vaz

Bulgarian immigration increasing despite UK restrictions

Immigration News Weekly Round up 19 June 2011

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6 Responses to “Judges attack ‘abusive’ migrant appeals”
Read them below or add one

  1. If you want to make a report see UKBA website for:

    Reporting crime or suspicious behaviour

    This page explains how you can report suspected immigration crime (such as illegal immigration or illegally employing foreign workers), smuggling or terrorism.

    If you suspect that someone is involved in these crimes, we want to hear from you.

    Do not wait for office hours – call us as soon as possible. Your swift action can make the difference between criminals being caught or getting away.

    Information is one of our most effective tools in the fight against crime. Please give us as much detail as you can, such as:

    ■details of the immigration or customs offence that you want to report – including its date, time and location
    ■details of the people involved – their names, work/home addresses, nationalities, passport details and dates of birth (if you know them)
    ■how do you know this information, and why you are telling us about it now
    If transport was used, please also tell us:

    ■the type of vehicle (car, van, lorry, boat or aircraft)
    ■the make and model
    ■the registration number
    ■the name (if it is a boat)
    ■information about its appearance (such as colours and distinguishing features)
    Please do not investigate anything further or put yourself at risk.

    We would like you to give us your contact details, in case we need to speak to you. Please tell us how and when you can conveniently be contacted. But you can make an anonymous report if you prefer.

    Your information will be treated as confidential, and we will not tell the people involved that you contacted us. However, we will not be able to tell you what action is taken as a result of your information.

    ——————————————————————————–

    Report illegal immigrants and other immigration offences
    To report immigration crime, you can phone Crimestoppers anonymously. Calls from landlines in the UK are free. You will not need to give your name or personal details when you call.

    Alternatively, you can email us. Please include the name of the town or city where you suspect the crime is happening (for example, Croydon), or the postcode, in the email subject line or title.

    We will pass your message on to our local immigration team in the appropriate part of the country. Where appropriate, they will investigate and take action.

    Phone: 0800 555 111

    Email: UKBApublicenquiries@ukba.gsi.gov.uk

    Report smuggling
    To report smuggling, you can contact our customs hotline.

    Calls are free from landlines in the UK. Calls can be anonymous – you will not need to give your name or personal details.

    Phone: 0800 59 5000

    Email: customs.hotline@hmrc.gsi.gov.uk

    Report terrorism
    To report any suspicions of terrorism, phone the police’s anti-terror hotline. Text messages from mobile phones are not accepted.

    Alternatively, you can send information about terrorism using the police’s confidential online form.

    Phone: 0800 789 321

    Textphone: 0800 032 4539

  2. iwona chenisez says :

    The man who has made the first malicious comment has been posting misleading comments about a woman to be harrassed.

    This man/woman could be a possible extemist/terrorist please ignore the comments as he/she doesn’t understand the meaning of PEACE.

    Violence is the only language known to this person.

    If anyone allows this facists who wants to remove the rights of Family Life from any individual is not only a Racist but a Criminal.

    Will continue to fight this ugly person who looking for public sympathy and patronise his artificial statements.

  3. magpie frost says :

    There are fake British Citizens also living in the U.K.??? Why isn’t an investigation launched about them.?? Even they break the taxpayers back with illegal activity…like terrorism and deception.

    So what about them why is the british govt. only considering foreigners. They should be expelled from living here.

    I know of a man has many wives and as soon he got his citizenship is bringing his wives to stay here from different countries to claim various benefits…Such British citizens are also theives and should be banned in living in the U.K.

  4. iwona chenisez says :

    The man who has made the first malicious comment has been posting misleading comments about a woman to be harrassed.

    This man/woman could be a possible extemist/terrorist please ignore the comments as he/she doesn’t understand the meaning of PEACE.

    Violence is the only language known to this person.

    If anyone allows this facists who wants to remove the rights of Family Life from any individual is not only a Racist but a Criminal.

    Will continue to fight this ugly person who looking for public sympathy and patronise his artificial statements.

  5. maggie firxzzz says :

    A man who is also a British Citizen bought fake documents for his own wife, got her pregnant by his own lies, then he sponsored her to stay in the U.K. and then offered to marry her. This man also already had another barren wife hiding in his own country in Africa and pakistan.

    Just after he married this woman in U.K. he began to abuse her emotionally and physically….He allowed his own family to torture her, what a sick attitude is that whilst she was carrying his own child…

    He wanted his wife whom he married in the U.K. to go crazy to separate the child from her and so to give it to his barren wife in Jamaica and also from pakistan.

    Now he is complaining about his wife to frustrate her to give up her child to him instead…Made fake allegations that she married him to stay in the U.K., that she craved for his money also that she has illegal documents to stay in the U.K. where he bought the documents himself to keep her…

    Now is it a crime to be poor and be vulnerable or be dishonest just like this evil rich british man????

  6. mukish dhanbir says :

    It is nice to see that notes are being taken on the ones that is flouting the system as the one that has cost me over twenty years of my life when she bought false documents and gained an extension on her student,s visa without going to school at least one day. then lied excessively and is still doing so now by using my son as a means of a passport to remain here even after threatening to kill the innocent child before he was even born. i have been fighting for over three years to clear my name of all her lies and false accusations she presented to the home office via a legal aid solicitor on domestic violence just to remain here and presently is still lieing excessively just to be granted what she has planned from the begining, just to remain in the uk. so she has not lied and presented false documents to the home office once but twice and got away with it. one wonders how lies, more lies false documents and fraud can be so easily acceptable without any proff and how it damages the other party who has done nothing wrong.

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