UK government should ‘proceed with caution’ over immigration following Windrush fiasco

Andy Knox


Prime Minister Theresa May has apologised to Caribbean leaders over the Windrush fiasco which saw the Home Office threaten children of Commonwealth citizens with deportation.

She said there was no “clampdown” on Commonwealth immigrants and that the controversy arose because of new rules – which she introduced as Home Secretary – intended to catch illegal immigrants.

“This has resulted in some people, through no fault of their own, now needing to be able to evidence their immigration status,” she told the officials of the 12 Commonwealth nations at a meeting in Downing Street.

Ms May added: “Those who arrived from the Caribbean before 1973 and lived here permanently without significant periods of time away in the last 30 years have the right to remain in the UK.

“As do the vast majority of long-term residents who arrived later, and I don’t want anybody to be in any doubt about their right to remain here in the United Kingdom.”

Immigration solicitor Andy Knox, of Katani and Co, told Scottish Legal News: “British nationality and the right of abode within the UK for citizens of the former Commonwealth is a complex issue, and will require a careful case-by-case analysis of issues such as country of birth, and nationality of parents and even grand parents.

“While the burden of proving nationality in UK immigration law falls on those seeking to assert this, it is arguable that the Home Secretary might wish to make proactive enquiries regarding the Windrush generation when seeking to enforce administrative removal or deportation.”

“Any right of abode or claim to any form of British nationality, will arguably change the dynamics in play when considering the proportionality of any removal decision challenged under Article 8 of the ECHR.”

He added: “A government which is attempting to invoke the historic commercial relationship between the UK and its former colonies as a fanciful prelude to post-Brexit bilateral trade deals may wish to proceed with caution to any reactionary amendments to the immigration rules.”

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