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Home Office Challenged in Court for Alleged Misuse of Law’ to Deport Highly Skilled Migrants

In November last year, at least 300 highly skilled workers – including teachers, lawyers, doctors, engineers, and nurses – have been told to leave Britain, some suggesting wrongly, for making legal amendments to their tax records. The Home Office is now to be challenged in court for the stripping of hundreds of UK statuses, under a section of immigration law designed to remove people who pose a threat to national security.


Campaigners will argue in the Court of Appeal that the home office has been misusing a law known as section 322(5) which forces migrants to leave the country due to their “conduct, character or associations or the fact that [they] represent a threat to national security”.


A government review has shown, so far, that up to 87 highly skilled migrants have been incorrectly forced to leave the UK.


This issue has been brought up by the Migrant Rights Network. A petition demanding home secretary Sajid Javid stops “abusing the national security clause to deport highly skilled migrants”, has gathered almost 100,000 signatures.


Afzal Khan, Labour’s shadow immigration minister and MP for Manchester Gorton, said: “The awful hostile environment, which led to the Windrush crisis, is now hitting highly skilled migrants.


“I have met doctors, teachers, and engineers who have done nothing wrong but are caught up in the government’s hostile approach to migrants. Our economy and public services rely on highly skilled migrants. We should be welcoming them, not subjecting them to such injustices.”


This is another example of apparent British Government failure, where in the last year we have seen the Windrush scandal, a U-turn on the postponement of the UK Tier 1 visa, and now the potential misuse of Section 322 (5). 


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