Foreign Office in court to keep list of 44 countries with the worst immigration record a secret after information commissioner rules for a partial disclosure of the list
The British government is going to court to avoid having to disclose a secret blacklist drawn up in February 2011 of 44 countries with the worst immigration record, the Guardian reported yesterday.
Nationals of countries on the list are said to face tougher discriminatory action when applying to come to Britain.
The court appeal, starting today, comes after a decision by the information commissioner for a partial disclosure of the list following a freedom of information request by immigration detention activist John O.
John O argues that keeping the list secret means that those who faced discriminatory action by immigration officials could never know whether it was lawful or not.
According to the Telegraph, the Foreign Office is seeking to keep the list secret as it claims that by "naming and shaming" the countries, diplomatic relations could sour and British travellers could be penalised by having their own visas restricted.
The Guardian quoted human rights lawyer, Shahram Taghavi, who is representing John O in today's appeal, as saying the secret list "not only offends against the established fundamental human rights principle of not discriminating on the grounds of nationality or race, but also violates a cardinal principle of the rule of law, the principle that laws must be accessible to citizens."
She continued: "We will be arguing that the Home Office have not provided a single piece of evidence to support their allegation that disclosure of the list will damage international relations and inviting the tribunal to rule that, in any event, any risk of damage to international relations is wholly outweighed by the public interest of knowing which countries are on the list."
A government spokesperson defended the decision to keep the list secret, telling the Guardian: "The ability to more closely examine those who pose the highest risk is vital to ensuring the security of the border. We are appealing as we believe that maintaining the list's confidentiality is vital to ensure officers can undertake these thorough checks without compromising diplomatic relations."
According to the Guardian, it is thought that the list probably centres on countries from the Indian sub-continent and the Middle East.