Judges must not be able to stymie Britain’s ability to deport illegals

Britain’s ability to deport illegal migrants has been eroded by years of legal challenges, the former head of Border Force declared. Tony Smith told the Daily Express that “immigration enforcement” would soon be seen as an “option” rather than a “duty”.

Home Office figures seen by the Daily Express show the number of asylum seekers being returned has plummeted from more than 10,000 a year in 2010 to fewer than 2,000.

The controversial ruling by the European Court on Human Rights to ground the deportation flight to Rwanda was the most high-profile example in recent years of courts blocking immigration enforcement decisions.

Ministers want to regain control of Britain’s broken asylum system and decide who should be deported from the UK.

Mr Smith told the Daily Express that the Illegal Immigration Bill is the Government’s only response to restoring border control.

He said: “Put simply because our powers to control people entering or seeking to enter illegally have been significantly eroded by legal challenges over the years. 

“These changes – inspired mainly by case law set by judges in the European Court in Strasbourg, rather than by Statute passed in Parliament – imply that our primary duty at the border is to offer protection to anyone who arrives here without proper entry documents (by fair means or foul, and regardless of whence they came), rather than to detain and remove them as illegal entrants.

“If left unchecked, this policy means that immigration enforcement is no longer a duty. It is an option, which will only be exercised in extremes to those who might ultimately consent to being returned.”

The former Director General of Border Force warned some charities supporting migrants actually want to abolish border controls.

And he warned some lawyers are deliberately delaying cases so they can strengthen the asylum seeker’s claim.

He said delays increasingly allow migrants to claim they are establishing community links in the UK, thus giving them more of a claim to remain.

Under the Home Secretary’s new plans, any asylum seeker who arrives in the UK illegally will be barred from claiming asylum.

They will also be removed within 28 days.

But Mr Smith pointed to the past and said until recent years, ministers have been able to control who is deported from the UK

He said: “It really isn’t that difficult. 

“For the past half-century, it has always been the case that people entering or seeking to enter without the leave of an immigration officer are thereby illegal entrants who may be arrested, detained and removed from the territory. 

“If this Bill succeeds in eliminating all the barriers to removal that have evolved over the years, then there is a very good chance that we will see removals increase and intake decline – including small boat arrivals.” 

Source: Read Full Article