- The Nationality, Immigration & Asylum Act 2002.
The RLC negotiated its presence at Oakington as part of its policy commitment to the provision of early, good quality legal representation for asylum seekers and those seeking international protection. As a matter of policy we remain committed to the provision of such legal representation for all asylum seekers prior to the asylum interview, and if at all possible, before an application for asylum is made.
The Refugee Legal Centre is deeply disappointed that the Government in the 2002 Act has chosen to remove an in-country right of appeal, for selected asylum seekers, and will be using Oakington for the determination of claims where there is a presumption of refusal and no appeal right exercisable before removal.
The appeal system exists precisely because wrong decisions can be taken, particularly in the very tight deadlines imposed, and the risk of serious harm may exist if those seeking protection are removed without benefit of the ‘anxious scrutiny’ the higher courts have said such cases deserve on appeal. The removal of this review at appeal prior to removal is a matter of grave concern to the RLC.
While we find such aspects of the new law objectable in principle, the organisation considers that it remains vital, perhaps even more so under the new procedures, that asylum seekers being put through this system should have access to competent independent advice and representation.
We will continue to act in the interests of our clients and will challenge the new procedures legally and do our utmost, within the resources available to us, to seek justice for those in need of protection.
Barry Stoyle
Chief Executive
November 2002.