Asylum seekers 'granted amnesty' by UK Border Agency


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So many asylum seekers have been given leave to remain in the UK that it "amounts to an amnesty", MPs have said.

Since 2006, the Home Affairs Committee said 40% of outstanding cases dealt with by the UK Border Agency (UKBA) led to individuals being allowed to stay.

It said the UKBA also had "no idea" what happened to tens of thousands of others whose cases had to be shelved.

Immigration Minister Damian Green said there was "absolutely no amnesty" and the system was "getting better".

Asylum is protection given by a country to someone who is fleeing persecution in their own country.

'Not fit'

In 2006, the then Labour home secretary John - now Lord - Reid described the immigration system as "not fit for purpose" after it emerged there was a backlog of about 450,000 asylum cases which had not be dealt with, some dating back many years.

He vowed to tackle the problem and, after taking office last year, the coalition said it would clear the backlog by this summer.


It's five years since the then Home Secretary John Reid described his immigration department as "not fit for purpose". At the time, the Labour government was only just beginning to clear the backlog of unresolved cases.

It's a labour-intensive process and private contractors had to be brought in to help.

While the coalition government has introduced tougher criteria for those who qualify to come to the UK, they don't apply to asylum seekers who make up this backlog. Nor do they address another problem - cuts to the Border Agency budget, which will see 5,000 posts go by 2015.

Immigration policy is a headache for every government, and the word "amnesty" when applied to it is like kryptonite. In fact, Nick Clegg suggested a limited amnesty while on the campaign trail in 2010, but it was rejected by his Conservative coalition partners.

The Home Office emphatically denies there's been an amnesty, but with 75,000 asylum seekers effectively "missing" as well, today's report echoes John Reid's words.

But in a critical report, the cross-party Home Affairs Committee said the target "seems to have been achieved largely through increasing resort to grants of permission to stay", and by changing the rules to allow those grants to be given to applicants who had been in the UK for between six and eight years - rather than 10 to 12 years previously.

So far 403,500 applications from the backlog have been fully processed. Of those, only 38,000 were rejected compared with 161,000 who were given permission to remain.

The latter was "such a large proportion that it amounts in effect to an amnesty", the MPs said.

Of the remaining 205,500 applications, 40,500 were effectively shelved simply because "the applicants cannot be found and it is unknown whether they are in the UK, have left the country or are dead" - an outcome MPs said was "indefensible".

The remainder are said to be duplicates and errors in the system.

'Administrative problem'

Keith Vaz, the Labour MP who chairs the committee, said he "welcomed" the fact the backlog had been cleared but questioned the methods used.

"The problem with the UK Border Agency, which predates this government, is a lack of administrative control," he told Radio 4's Today. "It is an administrative issue rather than a political problem and we would like to see it resolved so the government can meet the targets it has set out."

But Mr Green said all cases had been considered on their merits and the number of people being granted leave to remain had not risen over the past year.

"Absolutely, there is no amnesty and the system is getting better now," he told Today.

Asked about the 40,500 cases where individuals could not be traced, he said he believed most had either left the country or died as they had not shown up on any government databases since then.

While the current asylum system was not perfect, he said it was hugely improved and 60% of applications were now dealt with within 30 days.

He added: "The number of applications we had is running at a 20-year low, we are spending £100m less of taxpayers' money on asylum support than we were two years ago. Finally, after years of chaos and shambles we inherited, the asylum system is getting back to some kind of health and stability."

Campaigners for lower immigration levels said the report suggested the "green light was being given" to illegal incomers.

"The removal of those people who overstay their visas and no longer have the right to be in the country is absolutely essential to the credibility of the whole system," said Andrew Green, chairman of Migration Watch UK. "This report suggests that the removal effort is much too feeble."

Family life

But Keith Best, former chief executive of the Immigration Advisory Service, said many of the applicants had simply been "forgotten about" and "left in limbo" by the authorities.

And the Refugee Council said allowing many asylum seekers to remain in the UK was the "humane" thing to do given their circumstances.

Start Quote

Many will have settled down with families and made strong bonds with their local communities while it has been unsafe to return to their own countries”

End Quote Jonathan Ellis Refugee Council

"Many will have settled down with families and made strong bonds with their local communities while it has been unsafe to return to their own countries," said the organisation's Jonathan Ellis.

Labour said the UKBA's efforts were being undermined by cuts in its funding which would reduce staff levels by 5,000.

According to Home Office statistics, the number of people granted asylum in the UK rose every year between 2004 and 2008 before falling in 2009.

During last year's election campaign, David Cameron attacked what he said were Lib Dem proposals for an amnesty for illegal immigrants who had been living in the UK for a certain amount of time - although the Lib Dems said this misrepresented their position.

The coalition has continued Labour's ban on low-skilled workers from outside Europe, but has also introduced a cap on non-EU skilled workers as part of a pledge to bring net migration down to "tens of thousands" by the end of the Parliament.


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  • rate this

    Comment number 582.

    It cannot be argued that, at some point, the UK will be full and there will simply be no more space for any more people. Do we have to wait till people start falling off the edges till someone will take control?

  • rate this

    Comment number 382.

    Amnesty is not a new thing in this Island, Tony Blair gave one while in office. The only problem is that no sooner the table is cleared, it starts to fill up again. We need a proper method of solving the asylum issues. A method that is humane, not wicked.

  • rate this

    Comment number 369.

    I work as an Investigations Officer for a London Local Authority. The real problem began when our borders were opened, to Europe. People now flood here to take advantage of Housing Benefits and tax credits and I spend all my time investigating them and illegals from outside of Europe, using fake European passports to claim! The chance of being found is minimal and consequences act as no deterent!

  • rate this

    Comment number 99.

    I've been an aid worker for 20 years specialising in wars. Genuine A/Seekers cross the closest border and stay there often in miserable conditions. A/S coming to the UK are almost exclusively economic migrants, are in no danger at home and seek our world famous UK benefits. Do-gooders here believe A/S's made up hard luck stories while those who genuinely need help are unable to get it. Crazy

  • rate this

    Comment number 74.

    I visit hundreds of homes each year in the backstreets. The real population of cities has changed massively. Large communities of recent immigrants have developed within existing long term immigrant/student/poorer areas. Houses and council flats sometimes have 10 adult males living within who aren't legally here or properly employed. The issue is too big to deal with now, a runaway train.


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