Political analysts have slammed the British government for its “disgusting” actions and disregard for human rights as it attempts to offload scores of asylum seekers ahead of its departure from the European Union.
During the so-called status quo transition period, legislation known as the Dublin Regulation has given the UK the power to transfer refugees and migrants back to the EU country in which they arrived.
The system is designed to ensure an individual cannot apply for asylum multiple times across different countries.
At the end of the 31 December Brexit transition period, the UK will no longer be able to return asylum seekers who have passed through other EU countries.
With the deadline looming, the Home Office has sped up its asylum seeker processing. Scores of vulnerable immigrants, including suspected trafficking victims, have been scheduled for deportation before the year's end.
The UK is reportedly offloading migrants on flights back to Germany, France, Austria, Poland, Spain and Lithuania.
Earlier in December a flight left for Jamaica. Some of those onboard were said to be leaving young children behind in the UK.
Legal experts monitoring the impending round of EU flights say removing potential trafficking and torture victims without proper screening is unlawful and can create serious harm.
Migrant support networks have filed urgent petitions urging Home Secretary Priti Patel to stop the deportations.
Of particular concern are those who have experienced trauma and are residing in detention centres without access to legal help.
"Cutting corners in assessing trafficking and torture survivors lives," human rights organisation Detention Action tweeted.
"Don't rush through deportations in the run up to Brexit - the most vulnerable must be properly assessed and have access to legal help."
Migration expert Dr Zana Vathi - from Britain’s Edge Hill University - said the developed world, including the UK, has a history of breaching human rights conventions by neglecting the welfare of failed asylum seekers.
Dr Vathi said the treatment of asylum seekers had worsened as Brexit dragged on.
“Irregularities have been part of the system for a long time ... . Asylum seekers' rights have not sunk in despite decades of campaigning," Dr Vathi told SBS News.
"The Brexit deadline may have well made things much worse, but at the same time, it has exposed these long-standing issues more.”
Dr Zana Vathi says the reality for asylum seekers in post-Brexit Britain will be "grim". Source: Dr Zana Vathi
Europe-based political expert Colin Chapman - from the Australian Institute of International Affairs - said Ms Patel “has scant respect for the law”.
“I’m sad to say the Home Office is one of the world’s most disgusting institutions with a terrible record for human rights even when led by moderate ministers,” he told SBS News.
Windrush outrage
The recent rush of deportations has drawn comparisons to the Windrush scandal of 2018, which saw people who came to the UK from Commonwealth countries wrongly told they were in the country illegally.
Windrush victims evoked the scandal in fighting the recent deportations to Jamaica, describing the home secretary as “deeply insulting and patronising”.
In response, Ms Patel said tying the deportation of "vile criminals" to the Windrush scandal was "deeply offensive".
The Conservative Party's stance on immigration has become harsher as Brexit looms. Source: Getty Images Europe
Dr Vathi says the Windrush movement continues to be "impactful", but it unlikely to sway migrant policy.
"It might generate some very much needed action and change of attitude, but not significant.
"The pro-immigrant movement in the UK is very patchy, as different groups lobby for specific issues."
Last-ditch attempts to halt migrants
With two weeks to go until Britain makes its final EU departure, there are frenzied attempts to negotiate a Brexit deal, but with “significant” obstacles between London and Brussels, a deal seems unlikely.
As does a migrant transfer agreement.
Prime Minister Boris Johnson has been pushing for Britain to maintain the right to return asylum seekers through a new migration pact that would recreate the Dublin Regulation.
Under the pact Britain would also have a reciprocal obligation to take in undocumented migrants arriving in the EU via the UK, excluding airport arrivals.
But in August, EU negotiators rejected the proposals, describing them as “very unbalanced”.
The vast majority of undocumented arrivals arrive by sea to southern European countries such as Greece, Italy, Spain, Malta and Cyprus. This means that under the Dublin Regulation, the UK is able to return many more migrants than it is forced to accept.
In the first four months of 2020, 16,724 migrants and refugees entered Europe by sea, up from the 14,381 arriving during the same period last year. The coronavirus pandemic has reduced migration levels since April.
Migrant crossings on the English Channel, meanwhile, are rising. Between 1 January and 31 August, 6,200 migrants made the trip, according to French maritime authorities. In the whole of 2019, 2,294 migrants tried their luck.
At the end of November the UK and France signed a new agreement to try and stem the undocumented flow of migrants across the Channel, upping patrols and technology including drones and radar.
Record numbers of migrants have cross the English Channel by sea in 2020. Source: Getty Images Europe
The Home Office has also considered making the crossing more dangerous by installing boats with pumps that generate waves, but the idea has been dismissed.
The opposing Labour party was outraged by the suggestion.
“This is a vile example of how degraded an environment the Tories have created,” said Shadow Home Secretary Nick Thomas-Symonds.
Aids and human rights groups say the best way to stop the dangerous journeys is by providing safe routes for people to seek asylum in the UK.
Asylum seekers 'vulnerable' in post-Brexit Britain
In attempt to counteract criticisms surrounding its migrant policy, the British government has promised a more passionate “people not cases” approach.
This would include mandatory training for all Home Office staff on the history of migration and race in the UK, a commitment to opening up the department to greater scrutiny and impact assessments on potential policy implications.
But given the government’s aggressive immigration approach, current deportations and a likely no-deal Brexit, watchers and analysts remain sceptical.
When it comes to the fate of asylum seekers post-Brexit, Dr Vathi says she “has nothing optimistic to say”.
“Despite the government promising a more humane approach, the reality for asylum seekers will be grim”, Dr Vathi said.
“There will be more delays in processing their claims, less concern for their rights, less resources for the campaigners, fewer chances for follow up trials ... it will take time for some balance in immigration system and the civil society to be found.”
The coronavirus pandemic is only making things worse. The Home Office has reported that COVID-19 has had a significant impact on the UK’s immigration system and its operational capacity.
“This may lead to unreasonably long detention periods, infringement of human rights and further pressure on the system,” Dr Vathi said.
Mr Chapman believes the number of undocumented migrants will likely continue to increase regardless.
“Despite extra patrols and border checks, the wily people smugglers will find different ways of getting their customers in, probably through the Irish Republic, with an open border to Northern Ireland."
The Brexit campaign targeted people’s freedom of movement, promising to lower migration from the EU and reduce undocumented migration.
This focus has strengthened the political right's political stance on “illegal” migration and border controls.
At the same time, there is a lack of policy on return and deportation, says Dr Vathi, which leaves asylum seekers in a vulnerable situation.
“Stricter borders and immigration rules lead to more precarity and vulnerability to detention and deportation," she says.
"And without a strong system of accountability in place, the possibility of human rights infringement is high."
