Criminal Justice and Immigration Act 2008

Background

This Act is predominantly focused on criminal justice. The section relevant to asylum introduces a new Special Immigration Status for foreign criminals and their dependants who the government cannot remove from the country because to do so would breach their human rights. This can include those with protection needs, such as the Stansted Afghans who hi-jacked a plane to reach the UK, and who the courts have ruled cannot be removed back to Afghanistan.

Special Immigration Status

The Special Immigration Status applies to foreign criminals and members of their family, who are liable for deportation but who cannot be removed because of the UK’s obligations under the Human Rights Act 1998. It also includes those, like the Stansted Afghans, who are not convicted foreign criminals but have been excluded from the protection of the Refugee Convention under Article 1(F). It will also include their families. A person cannot be designated if they have the right of abode, or if to designate them would breach the UK’s responsibilities under the Refugee Convention or the person’s rights under the Community treaties.

Those designated by the Home Secretary are entitled to basic support comparable to asylum seekers, this will be in the form of accommodation and vouchers, not cash, except in exceptional circumstances. The standard of accommodation and the level of support given to designated people only need be at a level that the Home Secretary considers “adequate” and “essential” respectively. The Bill therefore gives the Home Secretary powers to vary the entitlements of designated persons away from those of asylum seekers under Section 95. Designated persons will not be entitled to housing or homelessness assistance.