Towards a border free world

by Sarath WIJESINGHE

Over 7,000 people moved out of Africa 70,000 years ago, when Indian Ariyan migration took place 6,000 years ago. After the world war Jewish immigration took place across Europe, due to the Holocaust and in the 20th century 20 million were resettled.

Convention and Protocol on Refugees came into force in order to protect and regularise the refugees seeking asylum in host countries.

They targeted rich countries with political interests and responsibilities and parties to most international conflicts responsible for ending the citizens as stateless and refugees. The United Kingdom which is a main world power has been one of the main targets for refugees.

Is it legal, moral or in conformity with the international relations to question the (interview) the Chief Legal Advisor to the government to ascertain whether he is a genuine visitor in terms of the immigration rules which are as follows.

Visitors who are Visa nationals (immigration rules in the United Kingdom) have to obtain "Entry Clearance" from a British High Commission before travelling to the United Kingdom.

Immigration rules on a visitor states that the person intend to travel into the country as a visitor must be (1)genuinely seeking entry (2)intend to leave (3)not intend to take employment (4)not intend to study (5)maintain and accommodate without recourse to public funds and able to meet the cost of onward and return journey. In order to ascertain these requirements the immigration officers have been vested with enormous discretionary powers.

Genuineness

Immigration officers are expected to be officers well versed in the local conditions, environment and with a sound general knowledge in ascertaining the genuineness of the prospective visitor. The task and the duty of the immigration officer is to be satisfied that the visitor is a genuine visitor and will definitely return.

There are over six million refugees worldwide and to the United Kingdom, Sri Lanka is a main refugee producing country with a large number of refugees claiming asylum based on the Refugee Convention to which UK is a signatory.

Migration has taken place from time immemorial, of people and animals.Migration takes place for greener pastures and for a better life. USA, Canada and Australia are new countries with new immigrants from other parts of the world - especially the West who mercilessly hunted locals for land. As a result of naval power the West migrated to other part of the world.

Boat people took great risks of life in looking for a better life somewhere unknown. Immigration has become a lucrative business coupled with drugs; arms trade, human smuggling and terrorism which are interconnected.

Exploitation

Unscrupulous, immigration advisors worldwide, exploit innocent would be immigrants who are prepared to risk their property, the wealth and themselves. Unqualified and ill-disciplined immigration advisors in Sri Lanka misdirect and put immigrants into difficulties.

The immigration advisors in the United Kingdom are regulated and regularised. There are harrowing stories of the conduct of and exploitation by so-called immigration advisors here whose advertisements are found in Sunday newspapers and other electronic media.

Immigrant families are dumped in various parts of the world and cheated by unscrupulous immigration advisors and racketeers and human smugglers. Steps should be taken to monitor and discipline Immigration Advisors.

There is a rush and a demand to settle down in the West by the Asian and African citizens.

During the colonisation process migration was easy as the colonial masters wanted labour for their industries and development, without which they could not have become rich and powerful.

British are one of the main colonisers who encouraged and invited subjects of the colonies to migrate.

The British underground was mainly built and maintained to date with the help of citizens of the African countries. Dockyard was mainly built with the help of Bangladeshi citizens and for all other developments for Britain to be a world power is due to the direct contribution of the immigrants.

In many other capitals in the West the situation is the same or similar. In France, Spain, and other powerful countries too subjects migrated to the mainland for a better life or out of compulsion. They learnt the language, way of life and assimilated into the normal life and became productive citizens.

There are students, professionals and employees in large numbers in the West from Asia, Africa and worldwide; without them it is difficult to run the main capitals. In London the petrol stations are mainly manned by Asian students.

Most hospitals are manned by Asians and the current trend is employment of EU professionals due to recent moves to give preference to EU citizens.

The procedure is generally similar in the West and EU where there is a system of giving points in the selection process. UK encourages educated, qualified immigrants to settle down or employs them on a temporary basis.

There is still a shortage of skilled and professionals in the UK. There is a work permit scheme and a scheme for highly skilled migrants to make the United Kingdom their home. Genuine students are encouraged to study in the UK, as without foreign students the UK universities will find it difficult to exist for want of funds.

The Government provides only part of the funds and it is their duty to find the balance from foreign students. On the other hand it is a main foreign exchange earner.

The UK is in need of educated professionals and encourages would be immigrants to make United Kingdom their home or to serve on a temporary basis. As a result of fierce competition, the borders were strictly controlled and immigration rules came into force in most countries.

The structure set up by the Immigration Act 1971 in the United Kingdom paved the way for the Immigration Act in Sri Lanka as well, which is still in the formative stages whereas in the UK the act is fast growing out of sheer necessity.

The writer is a Solicitor in England and Wales - Chairman Movement for Justice and Equality and a former Secretary of the Bar Association of Sri Lanka.