Biased’ UK Visa Bond To Face Legal Challenge?

LONDON (TIP): The controversial cash bonds for Indians could soon end up in the European Court of Human Rights with a top London lawyer Sarosh Zaiwalla saying the visa bonds “amount to discrimination against Indians” which would be unlawful under the European Convention of Human Rights (ECHR) law. Zaiwalla is the first Asian to set up an Indian law firm in London and has earlier defended high profile clients like Sonia Gandhi, Al Shirawi Group, the Tata and Godrej groups as well as the Dalai Lama. He told TOI, “it should be possible to challenge the visa bond requirements for Indian visa applicants before the European Court of Human Rights in Strasburg as such a requirement from a few select countries will in my view amount to discrimination against Indians.”

Mr Zaiwalla said, “The bonds have not yet come into existence and needs to be approved in parliament. But it’s a clear case of discrimination on the basis of race and country.” According to him, immigration can be controlled by having in place a strict policy like the one which Margaret Thatcher government had which was “if you are good for the country you are welcome to come to UK but not if you are not good for the country”.

According to Zaiwalla, the bonds might alienate small Indian businesses from working with UK as these businesses will require to put up security for travel of their staff members to UK which in turn will affect their cash flow. Many of the staff members travel to UK on visitor’s visa where the security will now be required.

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Volume 10 Issue 41 | New York | Oct 21

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