Homeless migrants ejected following soup run stake-out

Charities seek test case as UKBA forces out migrants

06/08/2010 | By Emily Twinch

Charities supporting migrants are looking to mount a test legal case after 13 homeless European nationals were forcibly removed from the UK.

The people were removed as part of a UK Border Agency pilot project in which it staked out soup runs and other places homeless people congregate (Inside Housing, 7 May).

The pilot sees the UKBA issue letters advising homeless EU nationals to go to the police station to prove they are working, in education or self-sufficient. If they fail to provide proof, they can be forced to leave the UK.

Immigration staff have handed out 116 ‘minded to remove’ letters to people from eastern and central European countries. Forty letters have been issued advising people they must leave the country.

The charity Migrants’ Rights Network, Immigration Law Practitioners’ Association and organisation Advice on Individual Rights in Europe are drafting a statement on the rights and entitlements of EU nationals for people working with them.

Adam Weiss, assistant director of The AIRE Centre, said: ‘We are trying to give people advice on their rights because there are lots of problems with what the UK Border Agency is doing. It’s our view there are major legal implications with this and it’s likely the removals will be found unlawful by the higher courts.’

He said the groups were looking for a test case but it this was proving difficult as many of the people disappeared as soon as they received the minded to remove letter.

The groups also believe anyone who is not relying on the social welfare system has a legal right to stay in the country, according to European law.
While the pilot project is controversial, the move has attracted significant support from within the homelessness sector. A number of charities have emphasised that the most important result is to get homeless migrants help and protect their lives.

Last week, homelessness charity Thames Reach and Boris Johnson, the mayor of London, announced the creation of a website with guidance for organisations supporting EU nationals to return home voluntarily.

‘Routes home’ includes a guide to consular services and aims to help central and eastern Europeans sleeping rough in the UK to go home.

Last month, homelessness charity Broadway’s annual rough sleeping figures said 3,673 people were sleeping rough on London’s streets in 2009/10.

This was a 6 per cent increase on 2008/09, which the charity believed was driven by increasing numbers of rough sleepers from central and eastern European countries.

Immigration minister, Damian Green said: ‘People from within the European Economic Area who have been in the country for longer than three months have to be working, studying or self-sufficient in order to have a right to stay. If they are not, or don’t have a genuine prospect of doing so, the UK Border Agency expects them to return home.’

What the tweeters say…

@JeremySwain
We are launching our report and website to assist central/eastern European rough sleepers to return home. www.routeshome.org.uk

@JeremySwain
Routes Home website aimed at people returning home voluntarily when destitute. But in my view UKBA action necessary too

@migrants_rights
But surely the issue is that the UKBA’s assistance in enforcing coercive expulsion is unlawful?

@JeremySwain
If it turns out to be unlawful we will abide by that. Our aim at the moment is to stop people dying on the street

@migrants_rights
Agree. Migrants’ wellbeing should always be at the forefront. But legality of expulsion has to be tested and safeguards guaranteed

Readers' comments (11)

Jan Brulc | 06/08/2010 11:15 am
The statement on the rights of homeless EU nationals mentioned in the article can be found on the Migrants Rights Network website.

http://www.migrantsrights.org.uk/publications/briefing-papers/factsheet-and-faq-expulsion-homeless-eea-nationals
Unsuitable or offensive? Report this comment
Chris | 06/08/2010 11:19 am
The outcome will be interesting.

What is also interesting is that there are many contributors on this website who believe such people are the reason why there is a housing shortage. Perhaps now these ill-informed people will see that they have been misled.
Unsuitable or offensive? Report this comment
| 06/08/2010 11:22 pm
Not misled at all. The bleeding hearts are at it again. There should be a hell of lot more removed from the UK than 13 and vast majority of the electorate would agree. I hope these pressure groups are not getting State funding although doubtless, under NuLab, they got a s**tload. Migrants not contributing? Then out you go. We should obviously follow the example of ludicrously rich Norway and Switzerland, leave the EU but remain in the EEA, and police our borders with zeal and vigour.
Unsuitable or offensive? Report this comment
Chris | 07/08/2010 9:31 am
Contributing migrants are now acceptable to reside here it would seem. Well done, progress noted and more looked forward to.
Unsuitable or offensive? Report this comment
Anonymous | 07/08/2010 2:14 pm
ILAG - "We should obviously follow the example of ludicrously rich Norway and Switzerland, leave the EU but remain in the EEA..."

Norway and Switzerland have never been in the EU and never applied to be in the EU.
Unsuitable or offensive? Report this comment
| 08/08/2010 12:33 pm
Err...yes. Well spotted. You're point being? Is it that Norway and Switzerland were bright enough to never have got suckered into joining in the first place?
Unsuitable or offensive? Report this comment
Chris | 09/08/2010 10:26 pm
Yes ILAG, following Norway's example would be exellent for Britain:

Norway hihglights:

Full PR for parliamentary elections

Socialist Alliance lead the country through minority government

Oil revenues have been saved for the nation, and as a result underpin the financial success of the country, and will do so even when the oil runs out.

There is a considerable state ownership of key services and industry

An extensive government welfare system redistributing incomes through taxes remains at the core of the Norwegian economic model.

Norway's tax rates are generally lower than the EU average

Norway had no foreign debt and was a major net external creditor prior to the world-wide crash. Since then it has adopted a policy of borrowing to support social investment leading to restored growth, raising debts to 4%.

As oil and fish stocks deplete a further move to join the European Community is to be considered

If only we could have such a government in this country!
Unsuitable or offensive? Report this comment
Chris | 09/08/2010 10:32 pm
Nearly forgot your own special interest area

11.4% of Norway's population is made up of immigrants, in similar proportions and sources to our own immigrant population in the UK.

They record their own statistics so do not need to depend on vested interest groups to count for them.
Unsuitable or offensive? Report this comment
| 09/08/2010 10:57 pm
Yes Norway and Switzerland are two excellent examples of why we should not be in the EU. Unfortunately Norway has also been through a handwringing lefty phase and have imported a silly number of third world immigrants who have become a drain on their welfare system (that wasn't predictable was it?) as local academic studies have found:

http://www.brusselsjournal.com/node/227

not to mention being responsible for a massive crime explosion:

http://www.arthurkemp.com/?tag=immigrant-crime

And I thought they were all equal. Contrary to all the evidence to the contrary. Oh no, sorry, that was your theory wasn't it? How's that working out for you these days? Still avoiding the inconvenient stats?

I'm pretty sure the sensible Norwegians will figure this all out much sooner than we and boot them out before their country gets as bad as ours has in this particular area of policy...
Unsuitable or offensive? Report this comment
Chris | 10/08/2010 9:54 am
Clinging on by your claws ILAG?

By the way, although the stats you quoted on English Crime previously suited your arguments have you looked at prison populations for people actually found guilty of offences (86% White, 11% Black, 3% other backgrounds) This would fly in the face of the popular myth you are peddling, but I'm sure your stay glued to the fiction.

There is little sign of the Norwegian Red becomming a Norwegian Blue. Let's hope that remains the case as it would be such a shame to see a stable economy with massive reserves and underpinned with the saved proceeds from North Sea oil raped and pillaged by the excesses of our own economic model.

Congratulations on finding yet more cronie research data, but I think the prison population stats will satisfy most serious observers (or are you now going to claim bias in the courts?)
Unsuitable or offensive? Report this comment