Lawyers have condemned a UK Home Office video which describes those who advise migrants as “activists”, saying the clip undermines the profession.
The clip criticises the current asylum system and says: “We are working to remove migrants with no right to remain in the UK, but current return regulations are rigid and open to abuse… allowing activist lawyers to delay and disrupt returns.”
Simon Davis, president of the Law Society of England and Wales, said in response that "attacks on the integrity of the legal profession undermine the rule of law."
Talitha Degwa, an immigration and global mobility associate partner at law firm Spencer West, pointed out that the Home Office were the decision makers and should take responsibility for their own rules.
“If the current return regulations are quite rigid and open to abuse, clearly that’s a problem for the Home Office and not [lawyers],” she said.
Such comments could damage lawyers’ reputation with the wider British public, most of whom have never needed to consult an immigration lawyer, Ms Degwa feared.
“They make it look like we’re kind of doing our own thing and not following what we should be when clearly that’s not the case,” she said.
Immigration lawyers deal with constant changes in the law and guidance, which are not always clear and can be contradictory, she added.
“If we are going to make any kind of applications or dispute any decisions, we will clearly look into it and make sure the case definitely has merits,” Ms Degwa explained.
The Bar Council also condemned the video. "Legal professionals who apply the law and follow Parliament’s express intention, are not 'activists'," said chair Amanda Pinto QC.
"They are merely doing their jobs, enabling people to exercise their statutory rights and defend themselves against those in power. Without those lawyers, our system would crumble."
The immigration law landscape is set to become even more complex at the end of this year, when freedom of movement between the UK and EU ends under Brexit and is replaced by a completely new system. The Home Office is encouraging businesses to obtain a license to sponsor migrants from all over the world and it is also inviting Hong Kong nationals to come to the UK with a new visa option. This appears contradictory to the notion expressed in the video.
Mr Davis concluded: “We should be proud that we live in a country where legal rights cannot be overridden without due process, and we should be proud that we have legal professionals who serve the rule of law.
"In countries where lawyers are unable to do their job for fear of intimidation the rule of law is weakened. The consequences are a society that becomes less safe, less stable and less fair.”
The Home Office has since said it will stop using the social media video.