Border Agency may hand 'amnesty' to migrants, MPs warn


Immigration Minister Mark Harper: "We are checking to see people are still here... we are absolutely not granting amnesty"

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The UK Border Agency's attempts to clear a massive backlog of cases could become an "amnesty" for immigrants with no right to be in the UK, MPs say.

Home Affairs Committee chairman Keith Vaz said the backlog was almost the same as Iceland's population (320,000) and spiralling out of control.

MPs voiced concerns about plans to close an archive of unresolved cases of people officials had lost contact with.

But ministers denied it would result in anyone being granted an amnesty.

The MPs also criticised the way the Border Agency had dealt with mentally ill immigrants facing removal.

In its latest regular report on the workings of the agency, the committee said the total of all the separate backlogs of cases across the immigration system had stood at more than 302,000 at the end of June. That was up 25,000 over three months.

Some 174,000 of the cases were in what is known as the "migration refusal pool". These are people who are recorded as having no permission to be in the UK, but officials do not know if they have left or have stayed without authorisation - or have perhaps been accepted lawfully after a separate application.

UKBA case backlog

  • Current asylum cases 25,500
  • Asylum "controlled archive" 74,000
  • Current immigration cases: 3,500
  • Immigration "controlled archive": 21,000
  • Migration Refusal Pool 174,057
  • Former foreign prisoners: 3,954
  • Untraced former foreign prisoners: 53
  • Total: 302,064

The pool, set up in 2008, came to light only earlier this year when it was discovered by the chief inspector of immigration, John Vine.

As of August, a further 95,000 cases were in what the agency calls "controlled archives" - piles of unresolved applications made by individuals with whom officials are no longer in touch.

The UKBA has pledged to close the controlled archives by the end of 2012, but MPs said they were not convinced final checks on each case could be done to an acceptable standard, given that only 149 staff were dealing with them.

"We are concerned that the closure of the controlled archives may result in a significant number of people being granted effective amnesty in the United Kingdom, irrespective of the merits of their case," said the MPs.

"Preparations should be made for the event that a number of people whose applications are closed may subsequently be discovered to be in the country.

"We expect to hear from the agency what the consequence of this would be both for the individual concerned and for the taxpayer. We are particularly interested to find out whether any such individuals would be offered an amnesty."

'Robust approach'

Mr Vaz said: "Entering the world of the UKBA is like falling through the looking glass. The closer we look, the more backlogs we find, their existence obscured by opaque names such as the 'migration refusal pool' and the 'controlled archive'.

Start Quote

Every day it gets harder to live illegally in the UK - we are tracking people down and taking action against them”

End Quote Mark Harper Immigration Minister

"UKBA must adopt a transparent and robust approach to tackling this problem instead of creating new ways of camouflaging backlogs."

But Immigration Minister Mark Harper said a lot of the cases had been "inherited" over a long period of time and many would "actually turn out not to be in the country".

Speaking to the BBC, he said: "But we're absolutely not granting an amnesty. If those people ever show up again we will take very firm action against them. We're working through that backlog steadily and we're making good progress."

Mr Harper insisted the government was taking "robust action" and it was increasingly "harder" to live illegally in the UK.

"We are tracking people down and taking action against them. We are restricting access to benefits, free healthcare and financial products, and businesses can be fined up to £10,000 for every illegal worker they employ."

The MPs also said they were concerned that since 2011 the UK Border Agency had lost four court cases in which judges said immigration detainees with mental health problems had been falsely imprisoned and subject to inhuman or degrading treatment.

"We are concerned that the cases... may not be isolated incidents but may reflect more systemic failures in relation to the treatment of mentally ill immigration detainees," said the MPs.


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  • rate this

    Comment number 17.

    yet again soft tory/ lib-dem policy.
    with them reducing our police force and armed forces, here is an ideal role
    for them to locate arrest guard whilst we attempt to remove from our shores.
    but this government is soft on immigration, crime and the economy roll on 2015

  • rate this

    Comment number 16.

    Stop ALL immigration now and sort out the mess that is already here, clear the backlog, deport everyone that shouldn't be here and quickly. No appeals, no lawyers making appeal after appeal and costing the taxpayer a fortune. We have been taken for a laughing stock for far too long. We don't want these people. we don't need these people and we shouldn't have to put up with them.

  • rate this

    Comment number 15.

    Further evidence of the sheer incompetence of politicians. I would not trust these people with my burger order, and yet they are allowed to incompetently fritter away revenue generated from hard working taxpayers. Pathetic

  • rate this

    Comment number 14.

    The Problems with assessing the number of illegal immigrants is that they got here or remain here illegally. The figures bandied around are really guesses

    By offering the opportunity to be legalised the actual number can be obtained

    This has the advantage of obtaining tax revenue from those gainfully employed and allowing the immigration authorities to target their efforts.

  • rate this

    Comment number 13.

    Backlog is NEVER justification for an amnesty

  • rate this

    Comment number 12.

    Will not that not mean more will be coming?

    When will there be enough people to say we are over crowd? Roads are get full , not enough houses and jobs. NHS under the strain.

    We can't give a living wage to 4m people, so why would you think it be a good idea to let more to stay!!

  • rate this

    Comment number 11.

    I agree to an Amnesty as long as there is an assessment, so that those who are contributing mostly to society get a visa, but also those who are a nuisance are removed.

    All in all this is now very difficult, because anyone from EU can just walk in and benefit for UK systems. You will find very less people from the richer EU countries (Germany, France) staying here, but lots from the poorer.

  • rate this

    Comment number 10.

    The most effective initiatives will be those that increase policing of the entry points. This will simplify everything that comes afterwards.

  • rate this

    Comment number 9.

    Easily solved... we have an unemployment problem.... employ more staff. Still easily solved... we have an immigration problem... no-one comes in for one month without a British passport. Still easily solved... we have a population that is fed up with "immigration".... so stop it! Easily solved!

  • rate this

    Comment number 8.

    and who pays for them to stay here? yep us the taxpayer?

    I'm sick to death of paying taxes to support hairbrain Government schemes. What is the point in have boder control if they do things like this? They might as well just open the doors to everyone.

  • rate this

    Comment number 7.

    This Government is a Joke along with the UKBA - how on earth can their incompetence but swept away with an "amnesty" just because they cannot do their jobs properly! A friend of mine - qualfied teacher - has come to live in the UK spent over £3000 on residency, indefinite leave to remain and UK Citizenship including a passport and worked every day too! What a farce!

  • rate this

    Comment number 6.

    Why have they not been deported? If they have no right to be in this country they should have no rights under our legal system. This is costing our country too much money and time. There should be NO amnesty.

  • rate this

    Comment number 5.

    Not all are bad, it is our duty to execute absolute fairness and at the same time lets have more stringent checks at all entry points around the UK .

  • rate this

    Comment number 4.

    I don't really understand how people manage to get by here illegally. If I want a bank account/job/drivers licence, I have to prove my identity. I would certainly hope anyone claiming benefits has to do the same, how is it that there is such a hole in the system that this isn't enough to flag up people

  • rate this

    Comment number 3.

    Instead of moaning about backlogs, why not employ more officers and do the job right for once

  • rate this

    Comment number 2.

    NO to any amnesty under any circumstances

  • rate this

    Comment number 1.

    Why not take it further; repeal all laws - no one is therefore a criminal.

    End result - crime has been reduced to zero !


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