Home Office did discriminate against Roma, says Law Lords
The Government did operate discriminatory practices against Roma people seeking entry to the UK, according to a new ruling from the Law Lords.
The case concerns the stationing in July 2001 of UK immigration officers in Prague airport in response to growing concerns about the level of asylum applications. These officers then were required to “pre clear” individuals wishing to travel to the UK. Immigration officers only gave leave to enter to those they were satisfied were not intending to claim asylum once they reached the UK.
Six of those refused pre-clearance entry clearance had their case taken up by Liberty and the European Roma Rights Centre, who claimed that the system discriminated against Roma people by subjecting them to more intrusive questioning than other groups and was contrary to the UK’s obligations under the 1951 refugee convention.
An initial legal challenge against the policy to the High Court failed after the judge ruled that the system was no more discriminatory than other systems. An Appeal Court challenge then failed because the judge ruled that though the system indirectly discriminated against Roma, this was justified because they were more likely to claim asylum than other groups.
Both courts rejected the charge that the practice ran contrary to the UK’s refugee obligations.
But, the Law Lords ruled that discrimination against Roma was “inherent in the operation of the scheme itself” and that Roma were treated “less favourably on racial grounds” than other groups seeking to travel from Prague to the UK. As such, the policy was contrary to the Race Relation Act 1976.
The full legal judgement can be accessed at: www.parliament.the-stationery-office.co.uk/pa/ld200405/ldjudgmt/jd041209/roma-1.htm
Responding, the chief executive of the Refugee Council, Maeve Sherlock, said: “We welcome this important judgement, which reveals the barriers faced by people seeking to claim asylum in the UK. Human rights abuses against the Roma in Eastern Europe are well documented, and it is hugely troubling that the Government sought to deny entry to such a vulnerable group.
“In many other countries, barriers have been put up to prevent people being able to get to the UK and access safety here. In light of today’s ruling, we call on the Government to review this kind of activity and ensure that Britain remains a place of safety for refugees forced to flee their homes.”
As the Czech Republic is now part of the EU, all of its citizens will have freedom of movement to the UK so today’s ruling will not call for an immediate adjustment of any policy. However, it could have implications for future operations.
