Iom Asylum Laws Left In Limbo

[Chinahand]

Manx Radio have a report discussing the fate of the Island's first asylum seeker.

 

Whether he's given ayslum or deported, the more important issue for the Island looking to the future is the fact that the Tribunal considering his case won't make any ruling on the Island's powers to offer asylum.

 

As with so much legislation on the Island this area is just a big black hole with no statutes on the books ... Tynwald is far to busy talking about lollipop men etc to actually draft legislation so relevent to the modern world as aylum seekers.

A tribunal sitting in Bradford will rule on whether he can stay in Britain in two weeks time.

 

But the hearing refused to consider the crucial question of whether the UK or the Isle of Man has jurisdiction in the case - leaving the whole issue a 'grey area'.

 

That means the question is certain to arise again when other foreign nationals seeking asylum arrive on Manx shores.

[Lonan3]

It's a fair point. The insularity of so many voters means that it won't even be a serious issue at the forthcoming election. Anyone who raises the issue on the doorstep will either be told that all immigration should be stopped or be told; "Never mind that... what about the dog crap on the pavements?"

Unfortunately, the few politicians who manage to take a larger view have to keep matters such as this to themselves, at least until after the election, when they face the task of trying to convince their fellow members - who really are concerned about the dog crap - that this is important.

It's one of the reasons why important social legislation has lagged behind over the years - not simply because there is a desire to see how well it works in other jurisdictions, but because the understanding of the issues and the importance of addressing them, are swamped by 'parrish pump' matters.

[Albert Tatlock]

Couldn't this case be covered under the islands existing Human Rights legislation?

 

If he is claiming asylum because he is in fear of his life (and the human rights acts surely applies to visitors to the island as well as residents) then under the provision "No one shall be subjected to torture or to inhuman or degrading treatment or punishment" his case could be considered by an Isle of Man court under that legislation. If his case is proven - fine he could stay - if not then deported back to his port of departure to the island and the relevant UK/Irish authorities notified.

 

Personally, I think the issue should be decided here, though that is mainly because I believe we should assert our own authority whenever we are given the chance.

 

Whatever, it shows that the port authorities (and other authorities) on the island need to be more on guard to reduce these occurances. This guy must have travelled through at least 2 UK ports to get here, and has apparently been here a year. These cases are not cheap to process and could be identified very easily by checking more passports/driving licences when people actually book tickets to come here i.e. the Steam Packet occasionally ask me to prove who I am - especially when I have simply quoted a number having booked on the Internet and not been bothered to print off the booking page.