Rebecca Niblock & Elspeth Guild investigate the UK’s international law obligations towards migrant boats: what place for border police immunity?
- A proposed amendment to the Nationality and Borders Bill would provide immunity to the UK’s border police where they seek to prevent the arrival of asylum seekers in the UK across the Channel, even in the event of loss of life.
- Legal experts have condemned the proposal as neither consistent with national law nor the UK’s international obligations.
News reports that the UK Border Force is being prepared to carry out what are commonly called ‘pushbacks’ (ie pushing back boats of migrants seeking to cross the Channel for protection in the UK to another country, usually France) has led to some serious questions about the legality of these proposed actions.
In the first instance, the Refugee Convention (RC) (to which the UK is a party) prohibits the expulsion of anyone seeking international protection unless and until there is a final decision on the merits of his or her claim (Art 33 RC).
Second, this prohibition on refoulement
