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Home Office attacks “activist” immigration lawyers


The Home Office recently came under fire for branding solicitors who provide advice to migrants, “activist lawyers”. This accusation was made in a 21-second video posted on Twitter, which argued that the current asylum regulations are “rigid and open to abuse”. The video also inferred that immigration lawyers were deliberately exploiting these regulations.

These comments have been condemned by top legal organisations in the UK, including the Law Society, which argued that such “attacks on the integrity” of the legal profession wholly undermine the rule of law.

Fundamentally, the Home Office’s accusations have demonised those in the legal profession, who are merely seeking to uphold the statutory rights of vulnerable, and desperate people.

Ultimately, it appears that for many, sympathies for those making the treacherous journey across the Channel, and those who help them, have depleted almost entirely.

The refugee “crisis”

Since the beginning of 2020,  over 4,000 migrants have made the perilous journey across the Channel, seeking asylum in the UK. Fleeing worn-torn and poverty stricken countries, these people have endured an incredibly dangerous journey, desperately seeking a better life for them and their families.

However, press coverage of this situation has explicitly condemned and vilified these people. The language used to describe migrants has also been incredibly dehumanising, and has contributed to the development of a divisive atmosphere. Words such as “mass,” “swarm” and “breaking point” are consistently used when referring to migrants.

Further to this, according to a study by the United Nations High Commission for Refugees, which looked into press coverage of the situation, the UK has the “most negative” and the “most polarised” press reactions in Europe. It was ultimately found the UK’s right-wing media was “uniquely” aggressive in its campaigns against both refugees and migrants.

The Conservative government has strongly echoed these negative and polarising sentiments. Back in August, 25 MPs and peers wrote to Home Secretary Priti Patel, urging her to act more aggressively. In their letter, the group called migrants an “invading” presence, and sought to react in kind by sending in “Royal Navy warships”.

Unfortunately, this attitude towards migrants is reflected in public opinion, too. A recent YouGov poll found that nearly half the British public have little or no sympathy towards asylum seekers travelling to the UK.

Yet the number of asylum applications to the UK was 32,423 by the end of June 2020, similar to the number of applications recorded in the previous year. Moreover, the numbers are not nearly as high as those recorded back in 2015, according to Pew. There was in fact a 40% drop in the number of applications between April-June, due to Covid-19.

Clearly, with a lack of support and sympathy coming from the British press, many of the British public and the Conservative government, the role of immigration lawyers defending the rights of asylum seekers is more important than ever. However, now even the Home Office is condemning and ostracising them.

Immigration solicitors branded “Activist lawyers”

On Wednesday 26 August, the Home Office posted an 21-second animated video clip to its Twitter page. The video suggested that immigration lawyers were deliberately frustrating the current asylum system, to obstruct asylum seekers from being sent back to mainland Europe.

The video, which was viewed more than 1.6 million times before being taken down, stated: “We are working to remove migrants with no right to remain in the UK, but current return regulations are rigid and open to abuse… allowing activist lawyers to delay and disrupt returns”.

While at first a spokesman for the Home Office said the post would not be removed, after receiving significant criticism, and complaints it was deleted.

Jonathan Portes, a Professor of Economics at King’s College London, specifically wrote directly to Matthew Rycroft, the Home Office’s Permanent Secretary, challenging the post. In his letter, Mr Portes said that the video’s comments were not in line with the Government Communications Service (GCS) “propriety guidance”. Further to this, he outlined that statements coming from the Home Office, should “be objective and explanatory, not biased or polemical” and “sensitive to tone and guard against perceived attacks on particular interests, organisations or individuals”.

Responding to this letter, Matthew Rycroft, said: “The general point the video is making is that our efforts to facilitate legitimate and legal returns are often frustrated by individuals and lawyers putting in last-minute claims. These claims are very often entirely without merit, but have the effect of timing out a return due to stringent Dublin regulations”.

He added: “However, I agree that the phrase you quote should not have been used on an official government channel. I have made clear to the team that this post should not be used again from Home Office accounts or anywhere else by civil servants.”

Implications for the rule of law

Many from the legal sector responded to the Home Office’s video post with both shock and outrage, arguing that such statements are “misleading”. Amanda Pinto QC, Chair of the Bar Council, stated that such statements are “irresponsible” and “extremely damaging” to society.

In addition to this, the chair of the council outlined that the justice system performs a “vital check and balance”, and stressed that it should not be undermined and attacked for the sake of “political point-scoring”.

Meanwhile, Simon Davis, President of the Law Society, agreed and expressed uneasiness over the video’s implications: “Solicitors advise their clients on their rights under the laws created by parliament. To describe lawyers who are upholding the law as ‘activist lawyers’ is misleading and dangerous”.

He added: “We should be proud that we live in a country where legal rights cannot be overridden without due process, and we should be proud that we have legal professionals who serve the rule of law”.

Elsewhere, some such as Barrister Colin Yeo, author of Welcome to Britain: Fixing Our Broken Immigration System, expressed concerns over the apparent politicisation of civil servants. Reflecting on the impact of the divisive narrative purported by the Home Office, he said: ‘The authoritarian anti-law agenda has moved on from “enemy of the people” judges to “activist lawyers”. We stood with the judges, for whatever good that did. Will they just let us swing?”

Despite the Home Office deleting its accusatory tweet, Home Secretary Priti Patel doubled down on the evening of 3 September, repeating the smear. The Bar Council later retorted: “Activist lawyers” again? Really? Doing your job is now activism, it seems. We are wondering what an “activist Home Secretary” does. #ChangeTheRecord”.

However, while it is comforting to witness so many within the legal profession upholding the importance of scrutiny, and the rule of law, it is deeply troubling that the Conservative government and civil servants, are seemingly encouraging the erosion of both.

Article Created By Madaline Dunn

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