Proper Gander – Regulations, nations and alienation
BBC News made sure to emphasise that a Home Office investigation which led to a couple of arrests was prompted by the findings of an episode of its Scams & Scandals documentary series. As its title indicates, The Immigration Fraudsters revealed misconduct among ‘legal advisers’ preparing applications for their clients to remain in the UK. Presenter Billy Kenber tells us ‘we’ve gone undercover to expose this hidden world of illegality’, which means that much of the programme consists of blurry, shaky footage from a concealed camera worn by his colleague. Posing as a foreign national, he visits law firms and advisers who can arrange the necessary paperwork for a claim to the Home Office as an asylum seeker. The covert footage reveals that some advisers gather fabricated evidence to meet the criteria, and Kenber suggests that possibly thousands of people have been granted leave to remain on fraudulent grounds.
Those who make claims for asylum include people who have newly arrived in the UK and others who originally entered under a temporary student or work visa or as the spouse of someone with leave to remain. A successful application confers refugee status, which doesn’t automatically mean permanent entitlement to live in the UK, but permits official employment and being able to claim benefits, apply for ‘social housing’ and use all NHS services. People without official approval to be in the country have ‘no recourse to public funds’, meaning they don’t have access to these aspects of the state. Those in this position without the funds to buy their way out have to rely on cash-in-hand work for an income and are more likely to be trapped into slave labour or homelessness.
For a claim for asylum to be granted by the Home Office, a fear of persecution in the applicant’s country of origin is required. As Ejel Khan of the Muslim LGBT Network explains, homosexuality is illegal in many countries, so fleeing one could be grounds for a gay person applying for asylum in the UK. The undercover reporter meets an immigration adviser who says that for a four-figure fee she can arrange a claim on this basis. He says that he isn’t gay, which doesn’t prevent her from offering to provide a letter declaring that he has had sex with a man, and also membership of the ‘Worcester LGBT Asylum Seekers Group’. The reporter goes to one of its meetings in London which has over 200 attendees, some of whom say next-to-none of them are gay.
The Immigration Fraudsters also covers another route for making asylum claims, on the grounds of being a victim of domestic abuse. This applies in situations where someone has come into the country on a family visa, so their entitlement to remain relies on being in a relationship with their partner who already has official status. If the relationship were to end, the partner under the visa would ordinarily lose their right to remain in the UK, unless they were a victim of domestic abuse. The undercover reporter records an adviser offering to arrange a fake claim (under the 2013 Migrant Victims of Domestic Abuse Concession) of being a victim of psychological cruelty from his wife.
The documentary’s producers contacted the dodgy advisers about their activities and received replies bluntly denying any wrongdoing. This wasn’t enough to satisfy the Home Office, hence their announcement of an investigation following the programme’s broadcast, which led to raids by its Immigration Enforcement team and arrests. One way of looking at this is that the BBC, as one branch of the state, was carrying out the ‘due diligence’ which fell within the remit of another branch of the state, the Home Office.
Kenber meets with above-board legal experts who say that people who apply fraudulently make it harder for those with genuine claims, a sentiment echoed by immigration minister Mike Tapp after the raids. The Immigration Fraudsters doesn’t include discussion about the wider context of the issue, beyond quoting some statistics about the number of asylum applications. Having a situation where people lie about being persecuted in order to stay in the UK comes from a combination of factors, each illustrating how society’s capitalist framework alienates us. Fundamentally, the division of the world into countries, as territories of different states, reduces people to being subjects of those states. This accords us differing status in relation to other countries, according to our wealth, nationality, immigration rights and even our family role. Alongside this bureaucratic alienation, there’s also that caused in those states and cultures which are particularly oppressive, including towards anyone who isn’t heterosexual. Understandably, people will want to leave those countries for another where their prospects may be better. Domestic abuse, and especially being trapped in a violent relationship, is another effect of living in a divisive, alienating society. Fleeing these situations means being processed and accorded the status of asylum seeker and, maybe, refugee. While many staff work hard trying to help people navigate the system, the framework they work within is complicated by its legal and financial constraints. This doesn’t prevent some people wanting to manipulate it, leading to fake claims for asylum. While there’s nothing admirable about pretending to be a victim of abuse, those who do would have to be in a dire enough situation to push them towards this. The suspect advisers are exploiting their clients’ grim position, but they’re also products of their circumstances. Presumably, this career pays better than their other options. A capitalist economy encourages people to try to make money out of anything, including desperation. The arrests which followed the programme’s broadcast may lead to some disruption of the network of ‘legal advisers’, and the Home Office is likely to tighten up its legislation. Such measures can’t change the conditions which have created the issue, nor resolve the plight of people seeking asylum, with or without fabricated paperwork.
MIKE FOSTER