“ (i) is genuinely seeking entry as a visitor for a limited period as stated … not exceeding 6 months; and (ii) intends to leave the United Kingdom at the end of the period of the visit as stated …; and (iii) does not intend to take employment in the United Kingdom; (iv) does not intend to produce goods or provide services within the United Kingdom; and (v) does not intend to study at a maintained school; and (vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and (vii) can meet the cost of the return or outward journey. ”
“ In addition to the grounds for refusal of entry clearance or leave to enter set out in Parts 2-8 of the Rules, and subject to Paragraph 321 [to which I have referred in paragraph 2(i) above], the following grounds for the refusal of entry clearance or leave to enter apply: Grounds on which entry clearance or leave to enter the United Kingdom is to be refused (1) The fact that entry is being sought for a purpose not covered by these Rules … (3) A failure by the person seeking entry to the United Kingdom to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality … (5) Failure, in the case of a visa national, to produce to the Immigration Officer a passport or other identity document endorsed with a valid and current United Kingdom entry clearance issued for the purpose for which entry is sought. Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused (8) Failure by a person arriving in the United Kingdom to furnish the Immigration Officer with such information as may be required for the purpose of deciding whether he requires leave to enter and, if so, whether and on what terms leave should be given … (19) Where from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from the United Kingdom is conducive to the public good … ”
“ 327. Under these Rules an asylum applicant is a person who claims that it would be contrary to the United Kingdom’s obligations under the United Nations Convention and Protocol Relating to the Status of Refugees [the Geneva Convention] for him to be removed from or required to leave the United Kingdom. All such cases are referred to in these Rules as asylum applications. 328. All asylum applications will be determined by the Secretary of State in accordance with the United Kingdom’s obligations under the [Geneva Convention]. Every asylum application made by a person at a port or airport in the United Kingdom will be referred by the Immigration Officer for determination by the Secretary of State in accordance with these Rules. 329. Until an asylum application has been determined by the Secretary of State or the Secretary of State has issued a certificate … no action will be taken to require the departure of the asylum applicant or his dependants from the United Kingdom. 330. If the Secretary of State decides to grant asylum and the person has not yet been given leave to enter, the Immigration Officer will grant limited leave to enter. 334. An asylum applicant will be granted asylum in the United Kingdom if the Secretary of State is satisfied that: (i) he is in the United Kingdom or has arrived at a port of entry in the United Kingdom; and (ii) he is a refugee, as defined by the [Geneva Convention] ; and (iii) refusing his application would result in his being required to go (whether immediately or after the time limited by an existing leave to enter or remain) in breach of the [Geneva Convention] , to a country in which his life or freedom would be threatened on account of his race, religion, nationality, political opinion, or membership of a particular social group. 336. An application which does not meet the criteria set out in paragraph 334 will be refused. ”
“ 16(1) A person who may be required to submit to examination … may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter. 21(1) A person liable to detention or detained under paragraph 16 above may, under the written authority of an immigration officer, be temporarily admitted to the United Kingdom without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him. ”
“ (A) For the purposes of the present Convention, the term ‘refugee’ shall apply to any person who … owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence …, is unable, or owing to such fear, is unwilling, to return to it [subject to the exceptions specified in subsection C].”
“ Article 32 Expulsion (1) The contracting states shall not expel a refugee lawfully in their territory save on grounds of national security or public order … Article 33 Prohibition of expulsion or return (‘refoulement’) (1) No contracting state shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.’ ”
“ 17. … One of the objectives of imposing new visa regimes … is to address the questions of asylum overload. When, for example, Columbia and Ecuador were included as visa states, this was directly in response to an increase in the number of those nationals coming to the United Kingdom in order to apply for asylum. A similar aim is present in the juxtaposed controls in France, where asylum seekers are refused leave to enter. A person who is in France and wishes to make an application for asylum should properly do so to the French authorities. The United Kingdom does not accept a responsibility to allow persons to travel to this country in order to make an application for asylum … (20) The application for [entry] clearance is considered in accordance with the immigration rules, albeit by an entry clearance officer rather than an immigration officer … in the last ten years a total of 38 countries or territories have had a visa regime imposed by the United Kingdom. Of these, 12 were imposed to reflect the new status formed after the political changes of the former Soviet Union and a further 14 were imposed following the United Kingdom Government’s agreement to participate in the European Common Visa List in 1996. The remainder were imposed in response to specific threats to the United Kingdom’s immigration control. ”
“ Although there is no provision in the Immigration Rules for people who are overseas to be granted entry clearance to come to the UK as refugees, Entry Clearance Officers have discretion to accept, outside the Immigration Rules, an application for entry clearance for the UK when a foreign national demonstrates a prima facia case that his/her circumstances meet the definition of the [Geneva Convention] ; s/he has close ties with the UK; the UK is the most appropriate country of long term refuge. All such accepted applications must be referred by the post abroad to the ICD [Immigration Service HQ in the United Kingdom] for decision on whether to grant Entry Clearance as a refugee. ”
“ 3A (1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom. (2) An order under section (1) may, in particular, provide for – (a) leave to be given or refused before the person concerned arrives in the United Kingdom … ”
“ (1) An Immigration Officer, whether or not in the United Kingdom, may give or refuse a person leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom. (2) In order to determine whether or not to give leave to enter under this article (and, if so, for what period and subject to what conditions), an immigration officer may seek such information and the production of such documents or copy documents as an immigration officer would be entitled to obtain in any examination under … the Act. ”
“ Where a person is outside the United Kingdom but wishes to travel to the United Kingdom an Immigration Officer may give or refuse him leave to enter. An Immigration Officer may exercise these powers whether or not he is, himself, in the United Kingdom. However an Immigration Officer is not obliged to consider an application for leave to enter from a person outside the United Kingdom. ”
“ Pre-clearance immigration controls in Prague have succeeded in sending a firm signal that abuse of UK asylum and immigration procedures will not be tolerated. The deterrent effect of pre-clearance has meant the number of people seeking to abuse British immigration control has now significantly reduced. The scheme was implemented from 18 July as a flexible and short term response to the high levels of passengers travelling from Prague who are subsequently found to be ineligible for entry to the UK … The number of Czech citizens seeking asylum in Britain has been a matter of concern to both governments – only a very small percentage of Czech asylum applications [has] ever been granted. In the three weeks before pre-clearance was introduced there were over 200 asylum claims (including dependants) at UK ports from the Czech Republic. In the subsequent period (during pre-clearance controls) our provisional figures show that there have been in the region of only 20 claims. More than 110 people were refused leave to enter the UK in Prague during the period pre-clearance has been in operation. ”
“ Asylum applications received in the United Kingdom from nationals of the Czech Republic, excluding dependants, had reached some 515 per annum in the year 1998. By 2000 it had reached 1200 per annum. Of the 1800 asylum decisions made in 2000 (which will have included applications made previously) there were 10 decisions by the Secretary of State granting asylum. A further 10 cases were granted exceptional leave to remain outside the asylum rules. The success rate of asylum appeals by Czech nationals was, at the beginning of 2001, only around 6%. ”
“ (1) S19(B) does not make it unlawful for a relevant person to discriminate against another person on grounds of nationality or ethnic or national origins in carrying out immigration and nationality functions. (2) For the purposes of subsection (1), ‘relevant person’ means – (a) a Minister of the Crown acting personally; or (b) any other person acting in accordance with a relevant authorisation. ”
“ Where a person falls within a category listed in the Schedule and is outside the United Kingdom but wishes to travel to the United Kingdom, an immigration officer or, as the case may be, the Secretary of State may, by reason of that person’s ethnic or national origin – (a) decline to give or refuse the person leave to enter before he arrives in the United Kingdom … ”
“ (2) The Secretary of State makes clear that it is the purpose of the Prague pre-clearance controls that each case should be approached by applying the criteria in the immigration rules. I can confirm that neither the practice at Prague nor any instructions to immigration officers involve applying different criteria, or applying them other than to the merits of an individual case. Accordingly, if there is a visitor of Roma or non-Roma ethnic origin, the immigration officer will have to decide whether or not the eligibility criteria are met. Are they genuinely seeking entry as a visitor for a limited period? Do they intend to leave? Can they maintain themselves without recourse to public funds? Black or white, Roma or non-Roma, if they satisfy the criteria they would be given leave to enter. Black or white, Roma or non-Roma, if they do not, they would be refused it. (3) … The Secretary of State would like to make clear that the intention at Prague is that any passenger who does not satisfy eligibility criteria would be refused leave to enter. It must be remembered that the Prague operation is not a pre-screening which is a prelude to a subsequent reconsideration of eligibility criteria at the United Kingdom airport. Rather it takes the place of that consideration of that eligibility. ”
“ In July of this year, each of the individually named applicants attempted to travel from the Czech Republic to the United Kingdom. Whilst attempting to embark at Prague Airport they (and some of their families) were subjected to discrimination and degrading treatment contrary toArticle 3 of the ECHR . These people were singled out by reference to the colour of their skin and diverted into a publicly audible and visible screening process, whilst fellow Czech passport holders with fairer skins were waved through the controls. Our clients were then examined and refused leave to enter the United Kingdom. This ongoing practice appears to be founded upon a Ministerial Authorisation dated23 April 2001 which – Purports to discriminate without justification upon the grounds of race. Is irrational un frustrating the United Kingdom’s obligations under the [Geneva Convention] … The above-mentioned authorisation is therefore ultra vires s19(D) of theRace Relations Act 1976 . We are therefore writing to advise you to cease the unlawful practice at Prague Airport and to cause the withdrawal of the Ministerial Authorisation forthwith. ”
“ 26. Every treaty in force is binding upon the parties to it and must be performed by them in good faith. 31(1) A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty and their context and in the light of its object and purpose. ”
“ 4. We acknowledge that the primary questions in this legal action do not turn on the text of the [Geneva] Convention. Rather, they turn on understanding the international protection regime as a complex of international practice and precepts drawn from refugee law, human rights law and general principles of international law. The [Geneva] Convention is the cornerstone of this complex. Where, as in the present case, issues arise that strictly do not fall within the Convention’s textual scope, its objectives and purposes should act as a reliable guide. UNHCR’s reservations to the pre-screening procedures are best understood in this light. 8. The [Geneva] Convention’s objects and purposes are important in ensuring that States’ approach to illegal migration is consistent with their Convention obligations. UNHCR acknowledges that States have a legitimate interest in controlling illegal migration. Such controls should not, however, be introduced in a manner which makes it difficult or impossible for refugees to access international protection. The pre-clearance procedures at Prague Airport have precisely the effect of preventing persons from boarding a flight to the UK when they express an intent to seek asylum. This means that persons at risk of persecution will be prevented from gaining access to international protection. 9. The international refugee protection regime would be significantly jeopardised if States which have agreed to provide protection for refugees were free to cut off all reasonable modalities of access to its territory for refugees [the letter does not say ‘potential refugees’] in the name of migration control. 13. … Although the decision to grant asylum to a particular refugee remains the prerogative of the State, there is an implicit responsibility on States to refrain from preventing asylum seekers from finding safety or from obtaining access to asylum procedures. Without such an implied responsibility the right to seek asylum might be rendered illusory. 14. It should be noted that denial of access to asylum procedures carries with it a significant amount of risk to the safety of the individual. Clearly the potential risks are heightened where – as is the case with the procedures at Prague Airport – access to procedures is denied in co-operation with the very country from which international protection is sought. ”
“ 12.35. It is fundamental to the definition of a Convention refugee that the person should be outside his or her country owing to the fear of persecution. A person sheltered in a foreign embassy in the country of persecution is outside that country’s jurisdiction, but not its territory, and cannot be recognised as a Convention refugee. ” c) I refer further to the Law of Refugee Status (1991) by James Hathaway (“Hathaway”) at page 29: “ The first element of Convention refugee status is that the claimant must be outside her country of origin. There is nothing intuitively obvious about this requirement: many if not most of the persons forced to flee their homes in search of safety remain within the boundaries of their state. Their plight may be every bit as serious as that of individuals who cross borders, yet the Convention definition of refugee status excludes internal refugees from the scope of global protection. ” d) The UNHCR Handbook on Procedures and Criteria for Determining Refugee Status provides, at paragraph 88: “ It is a general requirement for refugee status that an applicant who has a nationality be outside the country of his nationality. There are no exceptions to this rule [my underlining]. International protection cannot come into play as long as a person is within the territorial jurisdiction of his home country ”
“ By Article 44 of the Treaty of Berlin of 1878, which formed the condition of the international recognition of the newly created Rumanian state, she agreed that the differences in religious creeds and confessions should not be the cause of exclusion or incapacity in regard to civil and political rights, admission to public employment and to professions and industries. Rumania evaded this obligation by refusing to allow Jews to acquire Rumanian nationality and thus committed an indirect or evasive breach of this obligation. ”
“ There is a threefold historical rationale for the requirement of only persons outside their state be eligible for Convention refugee status. First, the Convention was drafted with a specific purpose in the context of limited international resources. Its intent was not to relieve the suffering of all involuntary migrants, but rather to deal ‘only with the problem of legal protection and status’. Its goal was to assist a subset of involuntary migrants composed of persons who were ‘ outside their own countries [and] who lacked the protection of a government’, and consequently required short-term surrogate international rights until they acquired new or renewed national protection. Internal refugee displacements, while of humanitarian note, ‘were separate problems of a different character’, the alleviation of which would demand a more sustained commitment of resources than was available to the international community. Second, there was a very practical concern that the inclusion of internal refugees in the international protection regime might prompt states to attempt to shift responsibility for the well-being of large parts of their own population to the world community. The obligation of states under the Convention would thereby be increased, as a result of which fewer states would be likely to participate in the Convention regime. Third and most fundamental, there was anxiety that any attempt to respond to the needs of internal refugees would constitute an infringement of the national sovereignty of the state within which the refugee resides. Refugee law, as a part of human rights law, constitutes a recent and carefully constrained exception to the long-standing rule of exclusive jurisdiction of states over their inhabitants. While it was increasingly accepted in the early 1950s the world community had a legitimate right to set standards and scrutinise the human rights record of the various countries, it was unthinkable that refugee law would intervene in the territory of the state to protect citizens from their own government. The best that could be achieved within the context of the accepted rules of international law was the sheltering of such persons as were able to liberate themselves from the territorial jurisdiction of a persecutory state. ”
“ The text of Article 33 thus fits with Judge Edwards’ understanding that ‘’expulsion’ would refer to a ‘refugee already admitted into a country’ and that ‘return’ would refer to a ‘refugee already within the territory but not yet resident there’. Thus, the Protocol was not intended to govern parties’ conduct outside of their national borders. [ Haitian Refugee Center v Gracey 257 US App DC at 413, 809 F. 2 nd , at 840] … From the time of the Convention, commentators have consistently agreed with this view. The drafters of the Convention and the parties to the Protocol … may not have contemplated that any nation would gather fleeing refugees and return them to the one country they had desperately sought to escape; such actions may even violate the spirit of Article 33; but a treaty cannot impose uncontemplated extra-territorial obligations on those who ratify it through no more than its general humanitarian intent. Because the text of Article 33 cannot reasonably be read so say anything at all about a nation’s action towards aliens outside its own territory, it does not prohibit such actions. ”
“ Although refugees must first leave their own country in order to claim asylum, many of the countries from which refugees are fleeing are visa countries, i.e. their nationals require visas to enter the UK and other West European countries. While there is nothing in the [Geneva] Convention that would prevent a contracting state issuing a visa to enable a person to enter as a refugee , there is nothing that obliges them to do so [my underlining]. UK practice, set out in the [Asylum Policy Instructions from which I have quoted in paragraph 13 above], is that entry clearance officers have discretion to accept applications for entry clearance where applicants meet the requirements of the Convention and have close ties with the UK … and the UK is the most appropriate country of refuge. The visa application form will be sent to the Home Office. However, the applicant is still required to be outside his or her own country. If a visa is refused or not applied for, but the asylum seeker has nevertheless reached the UK, the absence of a visa will not prevent their claims to asylum being considered. However, the corollary to the imposition of a mandatory visa requirement for most refugee-producing countries has been the enactment of measures penalising the carriers of asylum seekers. ” iv) This last sentence is a reference to theImmigration (Carriers’ Liability) Act 1987 , to which I referred in paragraph 12 above. Although it has now been replaced (in substantially similar form) by ss40-42 of the 1999 Act, it was the 1987 Act which formed the basis of the decision of the Court of Appeal, to which I have again there referred in Hoverspeed . This was a challenge to the lawfulness of such scheme by such carriers. It was in that context that in the judgment of the Divisional Court given by Simon Brown LJ (with which Dyson J agreed) there are material passages upon which Ms Carss-Frisk QC relies. The first is at 599D-E: “ The logical necessity for carriers’ liability to support a visa regime is surely self-evident. Why require visas from certain countries (and in particular those from which most bogus asylum seekers are found to come) unless visa nationals can be prevented from reaching our shores? Their very arrival here otherwise entitles them to apply for asylum and thus defeats the visa regime [my underlining]. Without the ICLA 1987 there would be little or no disincentive for carriers to bring them. Nor is the problem confined solely to asylum seekers. Many others seek to enter this country as illegal entrants, and the weeding out of those with no or no valid travel documents before they arrive is also crucial to the control system. ”
“ Well-recognised though it is that even genuine asylum seekers may need to resort to false documents to reach this country so as to make their claim for refugee status … and that their claims (if properly made on arrival) must not on that account be rejected … no-one suggests that the respondent is under the least obligation to facilitate their arrival in the first place. Rather, as I have already sought to explain, there being no means by which the carrier can distinguish the genuine from the bogus asylum seekers, the ICLA 1987 is designed to impede their arrival … I add only that such tension as undoubtedly arises from our obligation to asylum seekers under the [Geneva] Convention on the one hand, and our entitlement to impede their arrival [my underlining], on the other, is less acute than usual in the present case: the effect of the ICLA 1987 here is merely to leave intending claimants either in France or in Belgium, both now authoritatively declared by our courts to be safe third countries. ”
“ All human beings have preconceptions, beliefs, attitudes and prejudices on many subjects. It is part of our make-up. Moreover we do not always recognise our own prejudices … Members of racial groups need protection form conduct driven from unrecognised prejudices as much as from conscious and deliberate. ”
“ There was therefore no question of any instruction to immigration officers that they were entitled to discriminate on racial grounds, as to whether to refuse leave to enter or for them to examine or in what way. Indeed there was no special instruction to immigration officers about how to approach their decision-making at Prague, for this simple reason. Staff are all fully qualified and experienced … There was no need for any specific instruction as to the eligibility criteria contained in the immigration rules, nor as to asking such questions as they considered necessary in order to decide eligibility. I have discussed this point with Peter Heyes, an Inspector who has been a member of the Immigration Service for 33 years and who was an HMI on the original team for the first phase (18 July 2001 to9 August 2001 ). His understanding reflects mine: that the staff engaged on the pre-clearance control was required to reach decisions to the standards and under the criteria of the immigration rules, based on the individual merits of the case. ”
“ I had operational oversight of the Prague operation. I went to Prague and participated. There was nothing which I saw which suggested to me that any individual officer was under the misapprehension that the Authorisation was to be applied at Prague, and that it was appropriate to discriminate either as to questioning or decision-making. ”
“ 5. For about ten minutes, one gentleman asked me questions in English, and the interpreter translated them into Czech. He asked where I was going and why. I showed him my invitation [from her grandson-in-law], and said I would like to see how they were getting along. He asked how much money I had with me. I told him how much and once again showed him the sponsorship declaration, saying that if it would be necessary to pay something else, my granddaughter would certainly pay it. They asked why I was travelling there alone and without my husband, so I said that he had health problems and could not travel. I added that perhaps I would be able to convince my granddaughter to return. Then they told me I should wait five minutes and they would say if I could leave or not. 6. Instead, I had to wait about 20 minutes, and then they sent me and the interpreter to a special room. There, they told me that I had not received permission for the flight to England … When I asked them why, the interpreter said that for one I was going to visit immigrants and ‘they simply can’t support you’, and for another I had too little money with me. ”
“ The [passenger] had limited funds available to her, and no proof that any further funds were available. She was visiting a distant relative, who although he stated he would financially support the [passenger], was also unemployed, without any proof of ability to support her. The fact that she appeared to be the only person who had visited [them] in UK, rather than closer relatives, was also somewhat unusual. In addition the timing of the visit, when she was awaiting spinal surgery and her husband was still recovering from a heart attack. In view of the foregoing, I was not satisfied [that the passenger] was a genuine visitor who would not be a burden on public funds. ”
“ I.O.: How long are you going for? NN: For a week. I.O.: And the purpose of your journey, please? NN: For a holiday, to visit a friend. I.O.: What is the name of your friend in Great Britain? NN: … if you look at the paper it is written there. I.O.: What is your job? NN: I work as a secretary for an import/export company. I.O.: Is this friend of yours your boyfriend? NN: No, just a friend. I have not seen him for two years. That’s why I am going to visit him now. I.O.: Do you have any money? NN: Yes$200 . ”
“ I.O.: How long do you intend to stay in Britain? RS: Just a week or two. A week, actually. I have an air ticket valid for a week. I.O.: And what are you going to do there? RS: I’m going to see a friend. I.O.: And what is the friend doing there? RS: He is a freelancer; he does all kinds of odd jobs. I only met him recently. RS: Hang on, I have this thing here … I.O.: What’s his name? RS: Hang on … Smis, Smith. I.O.: When did you meet him? RS: It’s been a month, yeah, he was here a month ago. Here in Prague. I. How do I earn my living? I am also a freelancer. I help out this Romany Foundation. Translate into Romany. I.O.: Do you have an invitation from this person? RS: No I don’t. But he knows about me. We talked. I.O.: He is married? RS: No, no, no. I.O.: And where does he live? RS: In London. I.O.: Where exactly? RS: Jesus, there’s a lot of it. He told me this. I.O.: Do you have an address? RS: Well I am supposed to meet him. He will be waiting for me at the airport. I.O.: How much money are you bringing? RS: Well about USD 200. ”
“ RS: Why am I here? I.O.: I must be satisfied enough to believe that you really intend to just visit Britain and nothing more, and, at this moment, I lack such satisfaction. Do you understand? I.O.: So how long was this Mr Smith in Prague? RS: A month almost. Almost a whole month. I.O.: And what did he do here? RS: Seeing friends, he had a group of friends and we just got together and went out to have a beer, just like that. And then I spent almost three weeks with him. I.O.: Meaning, how many times did you get to see him over those three weeks that he was … RS: Well every second or third day. We got to see each other every third day. I.O.: Do you have any savings? A savings account, a bank account? RS: No. ”
“ I would like to point out that the Officer dealt with me as if she suspected me of lying from the very beginning. Her attitude to me was cold and suspicious. Her very first questions were offensive and made me feel anxious and humiliated. I had a general feeling that she hated me, that she was hostile towards me only because of my Romany origins. Nevertheless I replied in an attentive and calm manner. I endeavoured to control my anger and depression. However it was not easy at all. ”
“ Asked about her circumstances in the Czech Republic, the passenger said that she lived alone with her 8 year old daughter, who was being looked after by her mother in the passenger’s absence. The passenger said she was a cleaner earning [£200 -220] per month. However she had no evidence of her employment or income. She had no savings and her boyfriend had financed the trip. However she did not know his job despite knowing him for two years. In view of the above, I considered that the passenger lived in relatively poor circumstances in the Czech Republic, particularly as she had not provided any of the funds for the trip herself. Moreover, I was not satisfied that she had relatives there, and that this was her first visit, given that her current passport was only valid for one year. ”
“ 14. She continued by asking me who I was going to visit – I replied my brother – she asked what he was doing there – I replied – he lives there. How did he get there? My answer “He applied for asylum three years ago”
“ You have sought entry to the United Kingdom in order to claim asylum but this is not a purpose covered by the Immigration Rules ”: IB’s refusal stated that “ you have sought entry to the UK in order to claim asylum but there is no provision in the Immigration Rules to apply for asylum abroad ”
“ A distinction may be made between the powers of Immigration Officers at Prague Airport to grant or refuse leave to enter the United Kingdom, and the grant of entry clearance. Entry clearance means a visa or other document which is, in accordance with the Immigration Rules, to be taken as evidence of a person’s eligibility for entry to the United Kingdom: see s33(1) of the 1971 Act. A person seeking entry clearance is thus seeking an advance endorsement that they are eligible to enter the United Kingdom. There is no requirement on Czech nationals (Roma and non-Roma) seeking to travel to the United Kingdom from Prague to obtain such an advance endorsement before doing so. ”
“ (a) To defeat the use of s3A of the 1971 Act or the 2000 Order in the context of asylum seekers, since there would be a duty not to refuse leave to enter in any case of anyone expressing a desire to travel to the UK to claim asylum. (b) To defeat any use of a visa regime in the context of asylum seekers, since there would be a duty not to refuse a visa (entry clearance [this being, on the Defendants’ case, the inevitable consequence of the Claimants’ arguments, notwithstanding the Claimants’ attempts to distinguish the position under a visa regime] (c) To undermine Rule 334(i) of (i) of the Immigration Rules since (if the Claimants were right) any person wishing to travel to the United Kingdom to claim asylum would have to be permitted to do so and would thus automatically satisfy Rule 334(i) [which requires that the applicant must be in the United Kingdom before he can apply] (d) (Presumably) the carrier penalties (as considered in Hoverspeed would be unlawful. ”
“ An application for entry clearance will be considered in accordance with the provisions in the Rules governing the grant or refusal of the leave to enter. Where appropriate, the term ‘entry clearance officer’ should be substituted for ‘immigration officer’. ”