In the aftermath of the UK bombings, the UK Government announced new measures to tackle terrorism and to strengthen the already restrictive Immigration rules and procedures. The Immigration, Asylum and Nationality Bill 2005, which is currently being considered by Parliament, is without any doubt the latest and most draconian piece of legislation, in the string of ambiguous and unpopular set of laws passed by the Labour government since it came in power.

The provisions in this Bill are rather complex and must be read in conjunction with other Immigration statutes. The changes are significant and shall, if given Royal Assent, dramatically affect all those seeking leave to enter the UK and those who are seeking to regularize their Immigration status. For starters, individuals coming in the UK as certain category of visitors, students and work permit holders, will if refused entry, have no right to appeal against decisions that unless entry clearance was given in their proposed category of entry (Sc 5). In other cases, there will be no right to appeal against entry clearance decisions at all (Sc 4) a preposterous proposal when a great proportion of entry clearance refusals are wrongly taken in the first place.

Similarly people who are currently in the UK and who have been refused extensions of stay at Lunar House shall no longer be entitled to stay in country pending the outcome of the appeal. This is likely to affect the majority of people with limited leave, such as students, work permit holders and dependants who will have no other choice but to return to their respective countries and will be prevented to give evidence, placing the Home Office presenting officers at an undue advantage.

Further restrictions will be placed on employers with greater penalties and the possibility of imprisonment if they employ individuals who do not hold the requisite permission to work or had some form of leave to remain but which has lapsed (Sc 17).

The Bill further confirms what has been perceived by pro liberty groups as an encroachment on civil liberties namely the criminalization of over staying. In effect this means that people who have been in the UK lawfully but had their extensions of stay refused and nonetheless continue to remain in the UK shall if apprehended by the police and prosecuted face the prospects of being convicted for a term not exceeding six months and/or liable to a fine.

Raj RAMRAZSINGH LL.B Hons CeOM PARTNER (Quinn Mason & Partners)