Statement by the British High Commission on the arrest of ten Pakistani students in the United Kingdom (24/04/2009)

It is reported in today’s media that the UK Government should apologise for the bringing of “false charges of terrorism” against 10 Pakistani nationals. Since this significantly misrepresents the facts, the High Commission wishes to make a number of points clear:

In the course of any investigation the British police may act on information or intelligence that suggests that an individual may be involved in terrorist related activity. Following a police investigation, the Crown Prosecution Service will then determine whether there is sufficient admissible evidence to place an individual before a criminal court. In such cases, if the police and prosecutors conclude that there is insufficient admissible evidence to proceed with a criminal trial, the Home Secretary (Interior Minister) will consider whether other action is appropriate. In the case of foreign nationals, the Home Secretary will consider whether, based on all available material, there are sufficient grounds to conclude that the individual’s continued presence in the United Kingdom poses a threat to national security. If so, the Home Secretary may order his or her deportation. The decision to deport is based on a careful assessment of the threat. The detainees can challenge this decision in the Special Immigration Appeals Commission (SIAC) and are entitled to legal aid in order to do so. HMG must demonstrate that the appellant poses a threat to national security. Individuals continue to enjoy the right to consular access whilst in immigration detention. They are free to contact their Embassy or High Commission either directly or through their legal representatives. It is up to the individual whether or not they wish to involve their embassy or High Commission. Enquiries by the UK Border Agency continue as to whether all 10 individuals were attending courses of study at UK institutions. In at least one case, the college in question had no record of the individual having registered for the course of study and did not actually offer such a course.