ASYLUM AND IMMIGRATION

Briefing from Jean Lambert MEP

EU & UK policy, Green positions and Jean Lambert's work

What is the EU's role in Asylum and Immigration policy?

Before 1999, Member States of the European Union (EU) were independently responsible for their own immigration and asylum policies. However, in 1997 Member States decided that an "area of freedom, security and justice" would be established in the EU, which would include common standards for

asylum and immigration and share out responsibility for accepting asylum seekers.

Since the Amsterdam Treaty came into force on 1 May 1999, therefore, asylum and immigration policy has become a full European Community responsibility. The Treaty defined the objectives for the EU to achieve in areas of asylum and immigration policy over the following 5 years, and later in 1999 the heads of the EU member state governments (the European Council) met in Tampere to give political direction to the 5-year legislative process of standard-setting.

It was agreed that the EU would work towards a Common European Asylum system and a Common European Immigration Policy. This asylum and migration policy will have 4 main elements:

What is "asylum"? When someone is granted asylum they are officially recognised as being a refugee. In 1951, in the aftermath of WWII, many countries signed a Convention in Geneva pledging that they would offer refuge to those fleeing persecution. The 1951 Convention relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. It is this definition that is generally used around the world to identify who should be granted asylum. All EU Member States are signatories.

1. 1. Partnership with countries of origin, addressing political, human rights and development issues in countries of origin and transit 2. 2. A common asylum system 3. 3. Fair treatment of third country nationals, with a strong integration policy and equal rights to citizens 4. 4. More efficient management of migration flows

The Common Asylum System is to be based on the full and inclusive application of the Geneva Convention and to guarantee the right to asylum and access to fair procedures in all Member States. It will also aim to ensure that Member States share the responsibility as far as possible for dealing with asylum applicants. It will be up to Member States to find the best way of integrating these standards into their own national laws.

The Common Immigration Policy will approximate national laws on the conditions of entry for immigrants and on the terms of their residence in EU Member States (for example, what social security coverage they would eligible for). It will take into account a range of factors including human rights, as well as the impact of immigration on the host societies, on the migrants themselves and on the countries of origin. It also includes policies to combat illegal immigration.

Since then, therefore, the European Commission has been busy producing a range of policy proposals which are being discussed in the European Parliament and the Council.

What is a

"third country national"?

A third country national is someone who is a citizen of a country other than an EU member state.

Proposals for the Common Asylum System include, for example:

minimum standards on procedures for granting and

withdrawing refugee status

minimum standards for the conditions of reception

of asylum seekers

On Immigration, proposals cover, for example:

the status of third country nationals who are long-term residents (e.g. voting rights)

the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities.

Why does the EU need common standards?

The common standards will, all being well, guarantee the right of asylum and ensure that acceptable reception conditions are provided to asylum seekers in all Member States. This is important, partly because under the Dublin Convention asylum seekers do not have the right to choose between Member States, and must therefore be guaranteed comparable living conditions as well as standard rules for the recognition of refugee status.

Since immigration is so complex, impacting upon all areas of life, a piecemeal approach to legislation is no longer considered sufficient. EU policy aims to maximise the positive effects of immigration for the EU and facilitate countries working together to prevent illegal immigration and trafficking, particularly in the light of the "area of freedom, security and justice" which includes no internal border controls.

For Jean Lambert, common minimum standards are acceptable if the standards adopted are high. They must not lead to a weakening of rules already in force in Member States.

What progress has been made?

Some of the proposals have already been adopted by the Parliament and are now being considered by Council. Others are at an earlier stage. It is not known yet exactly when the Common Immigration and Asylum Policies will be completed, as it depends on the speed of negotiations within the EU institutions. The target date is 2004.

However, the Council (Member States) has not been approaching work on these proposals in the "spirit of solidarity" which they expressed at

Useful Links

European Council for Refugees and Exiles

www.ecre.org

European Commission www.europa.eu.int/comm/justice_home/unit/immigration_en.htm

Tampere. Many are obstructing as far as possible moves that will bring changes in their national polices, particularly in the field of asylum. The proposals coming from the Commission, based on the Tampere agreements, are generally very positive - and in line with original Council demands - but despite pressure from the Parliament, the Council is hindering progress in many areas.

What is the UK position on EU asylum and immigration policies?

The UK and Ireland are exempt from Title IV of the Amsterdam Treaty, which is the section relevant to border controls, immigration, asylum and so on.

They are however allowed to opt-in to any measures adopted under this Title if they wish to do so. The stated purpose of the United Kingdom's opt-out is to maintain its frontier controls, but to co-operate in all other justice and home affairs areas which do not conflict with this objective.

As a result of this, a general pattern is emerging by which the UK is tending to opt in to directives adopted under Title IV which it believes increase the effectiveness of immigration controls - and which therefore restrict the freedom of movement and the rights of third country nationals, asylum seekers and other immigrants. It is staying out, however, of measures which don't have any obvious advantages in terms of controlling people coming in to the country - those which in general grant more rights and freedom to these groups.

Third Country Nationals - the UK opts out

The UK has decided to stay out of a European directive on the status of long-term resident third country nationals in the EU. This directive is extremely important for granting non-EU citizens, who have been legally resident in the EU for more than 5 years, rights to equality of treatment and the freedom of movement which exist for EU citizens. Jean believes that the UK should opt in to this directive, as something which essentially is designed to promote equality and integration and which can easily be integrated into current immigration controls. Current signs are, however, that it will not. For more information see the website of the Joint Council for the Welfare of Immigrants, who are running a campaign on this issue.

The UK Nationality, Immigration and Asylum Bill

The Nationality, Immigration and Asylum Bill is the Labour Government’s package of measures aiming to “fundamentally overhaul the Government's asylum and immigration policy” (David Blunkett).

The Bill contains eight parts: 1. Nationality: language and citizenship tests to acquire British Nationality. 2. Accommodation Centres: a new system of centres and the power to detain those who need support there. 3. Other Support and Assistance: linking the provision of support to asylum-seekers with a requirement to report and enabling the Home Office to fund projects 4. Detention and Removal: simplifying the process of removing those who have no right to stay in the UK and requiring asylum-seekers to reside at induction centres for up to 14 days. 5. Immigration and Asylum Appeals: streamlining the asylum appeals system to minimise delay and cut down barriers to removal by, for example, simplifying one-stop appeal provisions. 6. Immigration Procedure: including work permit charging, collection and use of physical data to streamline the immigration control and extending the powers of the Immigration Services Commissioner. 7. Offences: introducing a number of criminal offences and the power to enter business premises without a warrant. 8. General provisions

Timeline October 2001 In a statement to the House of Commons, David Blunkett MP announces proposals for a "fundamental reform of our asylum and immigration policy" February 2002 White Paper is published for consultation until March 21st: "Secure Borders, Safe Haven: Integration with diversity in modern Britain". Designed to establish “a comprehensive set of measures to deliver a properly managed, robust and integrated system of immigration, nationality and asylum for Britain in the 21st Century.” April 2002 The Government introduces the Bill in the House of Commons November 2002 Subject to Parliamentary approval, the Bill should receive Royal Assent by the end of this session.

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What does Jean Lambert MEP think about it?

Useful Links:

UK Refugee Council www.refugeecouncil.org.uk

UK Immigration Advisory Service

www.iasuk.org

Joint Council for the Welfare of Immigrants

www.jcwi.org.uk

National Coalition of Anti-Deportation Campaigns (NCADC)

www.ncadc.org.uk/

Home Office

www.ind.homeoffice.gov.uk/

View the bill

www.parliament.the-stationery-office.co.uk/pa/cm200102/cmbills/119/2002119.htm

Jean Lambert supports criticisms made by Amnesty International UK, Oxfam and the Refugee Council of the intended new measures for asylum in the Bill. She has called on the Government to re-evaluate the asylum measures in the Bill.

Although it is promising that the Government has identified economic migration into the UK as necessary to meet labour shortages, and that therefore the issues surrounding migration must be assessed, there is still a gap in the area of asylum-seeking which must be filled if Britain is to provide safety to those who have been forced to flee from their own countries.

Shared areas of concern for the Bill include:

· No guarantee that asylum-seekers have access to legal advice;

· No measures to address weaknesses in procedure for assessing asylum applications;

· New measures that would remove a number of child asylum-seekers from mainstream education provision;

· No provision of automatic bail hearings to challenge the detention of asylum-seekers;

· The cash-based system which provides a “poverty-level” allowance roughly 30% less than that for citizens.

What is the Green position on asylum and immigration?

Useful Links:

Jean's Website www.jeanlambertmep.org.uk

UK Green Party

www.greenparty.org.uk

Green Group in the European Parliament

www.greens-efa.org/en/

United Nations High Commissioner for Refugees

www.unhcr.ch

The Greens believe that in the long-term we must work towards a more equitable world where the need for people to migrate will be minimised. EU and national asylum and immigration policies must therefore go hand in hand with cooperation with countries of origin, development assistance and so on; equally, with policies in every policy area which contribute towards reducing global inequalities and environmental degradation. The eventual aim would be to minimise controls on migration.

On asylum: For the Greens, the 1951 Geneva Convention regarding the status of refugees must be the basis for any asylum policy. Every asylum seeker must have the chance to have his or her case heard and investigated fairly. Concerns over internal security, especially since 11th September, must not undermine the universal right to asylum. In Europe, harmonised asylum rules must be harmonised to the highest possible minimum standards, and Member States must not be allowed to lower existing standards to the minimum.

On immigration: The Greens believe that there is a right to migration which must be respected as far as is practical, and therefore are in favour of EU proposals for more legal channels

for immigration. In addition, it is clear that current policies are leading to a failure to ensure that the claims of genuine asylum seekers are considered fairly. In deciding on the form these channels will take, the Greens in the European Parliament aim to ensure that EU policy recognises that there is a place for both high- and low-skilled workers and does not see immigrants solely in terms of the perceived benefit which workers can bring to European countries. At the same time, their contribution must be fully valued.

Immigration must not be portrayed as a favour bestowed by governments. Instead, immigrants must be seen as an integral part of society. EU countries must work to enable the speedy integration of immigrants into the host society on the premise of permanent stay and equal rights with EU citizens. Return to countries of origin should be mainly voluntary, with good access to information for migrants about the situation in their countries of origin and flexible visa policies to allow them to travel back regularly.

On the EU proposals: The Greens have generally found the European Commission's proposals on asylum to be very positive, and are working to maintain the spirit of most of these proposals as they pass through Parliament and Council. However, the proposals on immigration are still too restrictive and focussed on benefits to the EU labour market rather than the humanitarian angle. Especially since September 11th, there is an over-emphasis on security concerns and the rather tenuous links with immigration. The Greens are therefore attempting to counteract these tendencies.

What does Jean Lambert do on asylum and immigration?

Jean has been closely involved with work on asylum and immigration-related proposals in the European Parliament.

In 2001, she was responsible for drafting the Employment and Social Affairs Committee's Opinion on the proposal for a Common Immigration Policy, which was adopted by the Committee and some of which was integrated into the final report. In it she argued, for example, for rules that would not leave immigrant workers open to exploitation on the labour market and emphasised that immigrants' positive contributions to the economies and societies of host societies must be recognised.

Currently she is responsible for drafting a Report on the Commission's proposal dealing with "minimum standards for the qualification and status of applicants as refugees or in need of other forms of international protection" (COM(2001)0510). (Please consult Jean's website or contact her office for a more detailed briefing on this report)

	Additionally, she is writing the Employment Committee's Opinion on "the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities" (COM(2001)0386). The latter two reports will both be voted on by Parliament in July 2002.
Jean on immigration: "We have to remember that we are talking about human beings, not cogs in an economic wheel"

In developing her reports and opinions, Jean consults widely with organisations dealing with policy and also with local refugee and asylum seekers groups in London. Jean also closely follows other asylum-related reports being considered in the Parliament, and often advises the Greens on which way to vote. She was instrumental in developing the Green Group's policy on asylum and immigration.

Jean keeps an eye on national developments in policy and practice, and regularly voices her opinion on current issues - this year, for example, protesting against the deportation of Zimbabwean asylum seekers to a clearly dangerous situation. Last year she visited the controversial asylum seeker centre in Sangatte, near the Channel Tunnel.

She is currently writing a report on Environmental Refugees, which will be published in June 2002. Please consult her website for more information.

Creating links with London

Jean has often provided a voice for communities that face the problems caused by the UK's unfair and chaotic immigration and asylum system. She also maintains good links with these communities as a means of bringing their views into the debates that affect them.

Jean spoke to members of the Kurdish, Somali, Tamil, Roma and Bosnian communities as part of research for a European Parliament report. She maintains strong links with the Europe-Roma Association, based in Haringey, of which she is a patron, and has been active in the Waltham Forest Race Equality Council for many years. She is a member and supporter of Justice, and maintains links with the Refugee Council and the Joint Council for the Welfare of Immigrants.

Jean on asylum: "Our governments act as if asylum seekers have nothing to offer our society or our economy"

Last year, Jean submitted an extensive response to the Mayor of London's policy development consultation on Asylum and Immigration Policy. Firstly, Jean took the opportunity to remember the valuable contribution that immigrant populations have played in the development of London and to welcome the diversity within London. More specifically, two of her concerns were the need to address the particular problems relating to women and the asylum process; and to ensure that the dispersal of newly-arrived asylum seekers from London was in the interests of the communities concerned and not just for the administrative convenience of the UK government.

Briefing sheet developed April 2002 by Kathleen Spencer Chapman for Jean Lambert MEP

For further copies, contact Gemma Stunden, Suite 58, The Hop Exchange, 24 Southwark St, London SE1 1TY. Tel: 020 7407 6269, Email: jeanlambertmep@greenmeps.org.uk

You can also download this briefing sheet from www.jeanlambertmep.org.uk.

Immigration and Asylum – European Commission

http://www.europa.eu.int/comm/justice_home/unit/immigration_en.htm

Since the ratification of the Treaty of Amsterdam, the Commission has already submitted several proposals, which are currently under discussion in the Council and the European Parliament:

COM(2000)303

A proposal Directive on minimum standards for granting temporary protection in case of mass influx of displaced persons

COM(2000) 624

A proposal for a Council Directive on the right to family reunification

COM(2000)578

Proposal for a Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status

COM(2000)755

Communication from the Commission to the Council and the European Parliament: "Towards a common asylum procedure and a uniform status, valid throughout the Union, for persons granted asylum"

COM(2000)757

Communication from the Commission to the Council and the European Parliament on a Community immigration policy

COM(2001)181

Proposal for a directive on minimum standards for conditions for the reception of asylum-seekers

COM(2001)510

A proposal for a Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection

COM(2001)387

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on an open method of coordination for the community immigration policy.

COM(2001)447

Proposal for a COUNCIL REGULATION establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national

COM(2001) 386

Proposal for a COUNCIL DIRECTIVE on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities.

COM(2001)127

Proposal for a council directive concerning the status of third country nationals who are long term residents

COM(2001)388

Third-country nationals: freedom to travel for 3 months, free entry and movement for 6 months

COM(2001)157

Third-country nationals: uniform format for residence permits

Council Directive 2001/55/EC

Minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof.

COM(2001)567

Proposal for a COUNCIL DECISION adopting an action programme for administrative co-operation in the fields of external borders, visas, asylum and immigration (ARGO)

COM(2001)672

Communication from the commission to the council and the european parliament on a common policy on illegal immigration

COM(2001)743

COMMISSION WORKING DOCUMENT The relationship between safeguarding internal security and complying with international protection obligations and instruments.

COM/2002/0071

Proposal for a COUNCIL DIRECTIVE on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities.