How many have licence to sail/boat into international waters? Such as a International Certificate of Competency (ICC) and/or the International Sailing License and Credentials (SLC). Don't know maritime law but incompetents/unlicensed boating into international waters and through major shipping lanes putting themselves and others at risk I suspect would have some law to deter/penalise such. Twist that to if instead they were jumping into light aircraft and flying without licence through major international airline flight paths.didds wrote:This is not a dig at BP...Beerpig wrote: It seems to me the situation is only going to get worse because the more illegal migrants that make it across the channel.
Can somebody from a legal perspective, not some DM knee jerk understanding, confirm or deny what exactly an "illegal immigrant" is.
I often see all these arrivals blanket described as "illegal".
I also see multiple claims that they are not illegal, as everybody under international law has the right to claim asylum - and that doesn't make them illegal at that point of arrival/claim of asylum.
Im not interested in rants about "them lot coming over here" etc please - that doesn't further my understanding. I also understand that under the Dublin protocol the UK had the "right to return" arrivals from whence they came - but that was lost when Brexit occurred, so doesn't apply now.
cheers
didds
Unlicensed to sail, and without permission to cross UK borders = illegal.
UK granting asylum should be discretionary, not a obligation. Refusal for instance if the individual has a criminal record or ongoing case potentially resulting in a criminal record, such as having endangered life by unlicensed sailing through major shipping lanes and/or having entered the UK without permission.
UK laws are being gamed. Such as nearly no illegal migrants are deported. In turn the UK should play that game, dispatch them to say the Falklands or Pitcairn or other British Overseas Territories. Gibraltar might be a good choice as the tendency would be for them to re-enter back into the EU from whence they came.
The only very slight modification I'd make (which I know you understand already) is that there is no such thing as "UN law" or in fact "international law" in the sense of rules that are unilaterally imposed on any country; the term actually denotes treaties that countries have voluntarily signed up to and consent to abide by. So, your third one should read "It is not illegal to arrive in a country that is a signatory to the Refugee Convention to claim asylum".
One small mercy was that the requirement for "aliens" to annually report to a post office was dropped the year I arrived -- although I didn't discover that until I turned up at my local post office to do so and was told, you don't have to do that any more....