Neither Here Nor There: Temporary Admission to the UK

Abstract

This article considers the lacunae in international and European law for the protection of those who do not, or do not yet, have their refugee status recognised, or whose claim for asylum have been refused. It examines the position of such people in the UK, where they are 'temporarily admitted' under provisions of the general immigration legislation. This means that although their physical presence is recognised and not unlawful, they are legally considered not to have entered the country. Whilst historically this was a favourable position that might itself often lead to naturalisation, the legal position of those on temporary admission has changed rapidly and drastically over the past decade as rights to work and to social security have been withdrawn and a programme of mass detention instigated. These developments have in turn led to attempts by those on temporay admission to use international and European law to attain or reinstate rights and to resist removal. This article examines the cahnges to UK law and policy since the first primary legislation dealing with aylum in 1993, in the light of international and European law, and suggests that they will lead a new category of undocumented sans-papiers in the UK.

Keywords: Statelessness, Refugee, Asylum, Immigration, Temporary Admission

JEL Classification: K10, K33