Case Closed: Two Examples Demonstrate the Absurdities of Our Immigration System

migration given up
Oli Scarff/AFP/Getty

Big government always makes absurd decisions, as mandarins are forced to shoehorn real life into their regulations. But two immigration rulings made within the last few days exemplify everything that is wrong with the immigration system in this country today.

Both concern applicants from outside the EU with startlingly different outcomes. In the first instance, the Home Office has been forced to locate and repatriate back to Britain an illegal immigrant from her native Nigeria by a judge sitting in the Upper Tribunal of the Immigration and Asylum Chamber. British taxpayers will have to foot the bill for locating the pair to the UK, according to the Independent.

The woman, known only as ‘BF’, came to Britain in 1991 and worked illegally for 19 years before claiming asylum. She was refused sanctuary and deported back to Nigeria in January along with her five year old son, ‘RA’. However, Justice Cranston, ruling on the decision, said that the child’s human rights were not taken into account, and that he and his mother would be at risk of poverty if they remained in Nigeria due to her poor mental health.

“In not taking into account the implications of BF’s mental health for RA, and the risk of that degenerating in the Nigerian context and the likely consequences of removal, the  Secretary of State failed to have regard to BA’s best interests as a primary consideration,” he said.

The case will set a precedent on a child’s welfare and best interests being of  “primary consideration” in deportation orders, even if the parents claims are not sufficient.  There are an estimated one million illegal immigrants in Britain today.

Yet at the same time, the Australian husband of a former British squash champion has been refused a visa to the UK, preventing the family from returning to their home and jobs in Norfolk. The couple have two daughters, both of whom were born in Norfolk.

Cassie Thomas, nee Jackman, was awarded an MBE for her services to squash thanks to her record as world number one and six times British Champion. She met her husband while he was playing for a local village cricket team and working as a civil engineer. When the couple decided to relocate to Melbourne five years ago, the manager of his firm assured him there was a job waiting for him should the couple ever return.

But Home Office officials have refused Mr Thomas a visa, because he left the UK for Australia more than two years ago through “personal choice”.

Speaking to the Express Mrs Thomas said “I know immigration is a big issue over there, especially with the coming election.

“Because there is no control over people from the EU coming into Britain, they are targeting non-EU people instead, to try and keep immigration numbers down.

“My husband is from a Commonwealth country for heaven’s sake. We have a house in Norfolk, he has a job waiting for him. He’s never claimed benefits and we’ve always paid our taxes.

“The girls and I were born in Norfolk and I’ve represented my country at world level – what more do they want? Why is it OK for a Romanian to bring his family to Britain, but I can’t bring mine?”