Simon Cox Profile picture
migration & equality, law & politics | barrister | cis he/him | @DoughtyStImm @ukraine_advice ex @osfjustice | my views obvs, not doughty st | pic Paul Trevor

Oct 4, 2020, 17 tweets

Today’s UK Gov asylum announcement. Let’s look at these proposals one-by-one in a thread 1/xx

Before we start, the backstory.

1. UK has had Tory Home Secs for 10 years. For 7: Theresa May, much smarter & more experienced pol than Patel.

2. UK Parliament approved 7 major Immigration Acts proposed by Home Office since 2000. Even though facts on ground didn’t change . 2/

Home Office staff already deal sceptically with all asylum claims

Asylum-seekers need safe routes. But can we believe politicians who deliberately delay allowing child refugees to travel to be with family in U.K.? 4/

Asylum-seekers have one right of appeal about the facts.

After that, only appeal or judicially review if *judge* decides a lower judge or Home Office got law wrong *and* this mistake affects the refusal of asylum. These appeals succeed because HO & judges *get the law wrong* 5/

Code for more detention? Costs taxpayers a fortune & hurts mental health of asylum-seekers. Doesn’t anyone who’s made a dangerous & costly journey. 6/

Home Office has had this power guaranteed by Acts of Parliament for more than 25 years. Courts can only block if the Home Office hasn’t rationally decided the country is safe. 7/

Patel mixes up “asylum-seekers” with “foreign criminals”. She’s part of a small minority who think not having papers is a serious crime. And is she signalling that’s somehow asylum gets granted where there’s no risk?

This soundbite needs unpicking -> 8/

Asylum only gets granted if there’s a serious risk. No risk? No asylum. That’s been the law since, uh, forever.

But there can be other good reasons not to deport an asylum-seeker or a foreign criminal. 9/

Some migrants have family in UK: spouse, parents, children. Even if they don’t look like this. 10/

So some asylum-seekers already have family in UK - or they start one while Home Office dithers (do you think they should put their lives on hold for red tape?)

But, like May, Patel hates the idea of other people’s families. 11/

May did something about that. Her 2014 Immigration Act ordered officials and courts to deport people who had been sentenced to more than 4 years - even if that would break up families for good. 12/

And May’s law means people with a prison term of 1-4 years routinely get deported despite being married and having children too. 13/

As for asylum-seekers with no criminal convictions? They’re often deported despite having family in UK. Told to apply from abroad.

I told you they don’t like families 14/

Patel voted for the 2014 Act. The courts have loyally implemented it. Every day children are told by judges “this will damage you, but that’s the law.”

So what more does she want?15/

IMO: Patel wants a fight. She wants people angry & scared. She wants people hating & fearing migrants, judges, lawyers - and anyone who thinks they have a point.

As we know from Trump, many will agree.

But tens of millions see through her politics. 16/16

Tl;dr ->

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