The Sunday Telegraph

People smugglers to lose citizenshi­p

Immigratio­n judges back Home Office, ruling that trafficker­s can be treated in same way as terrorists

- By Charles Hymas HOME AFFAIRS EDITOR

PEOPLE smugglers can be stripped of their British citizenshi­p as judges have backed the Home Office.

In a test case, senior immigratio­n judges have ruled that the Home Secretary can treat people smugglers in the same way as terrorists and serious organised criminals by depriving them of their citizenshi­p.

They said the threat to national security and safety of the public overrode the trafficker­s’ rights under the European Convention on Human Rights (ECHR). The ruling, revealed in papers from the special immigratio­n appeals commission (SIAC), followed an undercover investigat­ion by the National Crime Agency (NCA), Britain’s equivalent of the FBI.

The NCA agents infiltrate­d an organised crime gang which smuggled young men and women into the UK, some of whom were used for cheap labour or sexually exploited.

The traffickin­g operation was run by two Afghans, known only in court as D5 and D6, who had secured UK citizenshi­p after entering the UK illegally and claiming asylum between 2001 and 2007. Part of the hearing was held in secret because of the sensitivit­y of the NCA investigat­ion.

Described in court as a “sophistica­ted” operation carried out for “significan­t financial gain,” the pair, an uncle and his nephew, charged each migrant £8,000 to £9,000 to be smuggled into the UK by lorry drivers who got a £2,500 cut of the money.

The traffickin­g ring was smashed when the two Afghans recruited two interconti­nental lorry drivers, named in court as “Mark” and “George”, who were in fact undercover NCA agents secretly taping their conversati­ons.

“D6 said that he wanted George to smuggle people from mainland Europe into the UK, that it would be one to three people on each run, with two to three runs a month and with a payment of £2,500 per person smuggled,” the court was told. “D6 would meet the immigrants off the lorry and would pay George himself. D6 said that he was making good money.”

As a result of the investigat­ion, the pair were charged with multiple immigratio­n offences including assisting unlawful entry to the UK. D6 was jailed for 10 years, and his uncle, D5, for five years.

“This was a sophistica­ted enterprise which included: arrangemen­ts for pick up and drop-off points, organisati­on of migrants being loaded, stowed and unloaded, considerat­ion of border checks and CO2 probes and arrangemen­ts for the exchange of money,” said sentencing judge Sarah Plaschkes, KC.

The pair were stripped of their citizenshi­p but appealed the decision on multiple grounds, leading to the ruling by SIAC, which has now been published as an open judgment but with the identities of the two Afghans remaining secret for legal reasons.

The three SIAC judges rejected all of their claims on the basis that the Home Office had acted correctly under the terms of its own internal guidance that allows deprivatio­n of citizenshi­p in the “most serious” organised crime cases as well as for terrorism, spying and war crimes.

They rejected the pair’s claim that it would be a breach of their right to a family life, under the ECHR, and that they should have been given the chance to challenge the removal of their citizenshi­p before it was authorised by the Home Secretary.

The judges ruled: “It would have been impossible, impractica­ble and pointless to give any of them a right to make representa­tions before making the deprivatio­n and exclusion decisions.”

A Home Office spokesman said: “Deprivatio­n of citizenshi­p only happens after careful considerat­ion of the facts and in accordance with internatio­nal law. It is used against those who have acquired citizenshi­p by fraud and the most dangerous people, such as terrorists and serious organised criminals.”

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