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Migrants, asylum seekers, refugees and immigrants: What’s the difference?

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IN THE WEEK that the First Minister said that a military camp is not the correct place to house people who have escaped military conflict from other parts of the world, we cut through the jargon to explain the difference between asylum seekers, refugees and immigrants.

Following the decision to use Penally Camp near Tenby as a centre for up to 250 male asylum seekers there has been, amongst some of the protestors and commentators, some considerable confusion.

Every day, people around the world make the difficult decision to leave their countries in search of safety and better lives. Currently, there are 68.5 million men, women and children escaping war, persecution and political turbulence. These are refugees and asylum seekers.
There are others who are looking for jobs or an education—they are usually called migrants—and people who want to live permanently in another country—immigrants.

There’s been confusion and debate over the use of these terms to describe the plight of those on the move. Here’s a closer look at the distinct differences between a refugee, asylum seeker, immigrant, and migrant.

Who is a refugee?

A refugee is someone who has been forced to flee his or her home because of war, violence or persecution, often without warning. They are unable to return home unless and until conditions in their native lands are safe for them again.

An official entity such as a government or the United Nations Refugee Agency determines whether a person seeking international protection meets the definition of a refugee, based on well-founded fear.

Those who obtain refugee status are given protections under international laws and conventions and lifesaving support from aid agencies, including the International Rescue Committee

Who is an asylum seeker?

An asylum seeker is someone who is also seeking international protection from dangers in his or her home country, but whose claim for refugee status hasn’t been determined legally. Asylum seekers must apply for protection in the country of destination—meaning they must arrive at or cross a border in order to apply.

Then, they must be able to prove to authorities there that they meet the criteria to be covered by refugee protections. Not every asylum seeker will be recognised as a refugee.

Tens of thousands of children have fled extreme danger—war, murder, kidnapping, violence against women and forced recruitment by gangs.

UK law says that to stay in the UK as a refugee you must be unable to live safely in any part of your own country because you fear persecution there. If you’re stateless, your own country is the country you usually live in.

Who is an immigrant?

An immigrant is someone who makes a conscious decision to leave his or her home and move to a foreign country with the intention of settling there. Immigrants often go through a lengthy vetting process to immigrate to a new country. Many become lawful permanent residents and eventually citizens.

Immigrants research their destinations, explore employment opportunities, and study the language of the country where they plan to live. Most importantly, they are free to return home whenever they choose.

Who is a migrant?

A migrant is someone who is moving from place to place (within his or her country or across borders), usually for economic reasons such as seasonal work. Similar to immigrants, they were not forced to leave their native countries because of persecution or violence, but rather are seeking better opportunities.

What is an illegal immigrant?

Any person entering this country without correct documents is an illegal immigrant until they make a formal application for the right to remain as an asylum seeker…and they keep that status until the application has been concluded. The asylum seeker could become an illegal immigrant again if the application fails

Can illegal documents be used to enter the UK?

No, and persons doing so will be prosecuted unless they can show that they had no choice to use them to flee from danger.

What happens next?

Penally Camp will eventually house 250 male asylum seekers, these are men who have no choice but to flee from places like Iraq where they and their families face violence, threats and death for things like their religious beliefs and/or culture, some will also be coming from Iran where they face an uncertain future because of an extremely hardline government system which shows little, if any, mercy for those who do not conform to their strict religious laws. It is also highly likely, The Herald understands, that some of the asylum seekers have previously worked with, or are connected to those who have worked with, the UK and her allies during the War on Terror.

The 250 asylum seekers at Penally Camp will remain there until they get processed by The Home Office, at that point they will either become refugees and be allowed to remain for a period of time or they will be removed from the UK and returned to either their homeland or to the first place they entered into the EU under the Dublin Agreement (please note that this agreement expires on December 31 when the UK’s transition period ends and the UK leaves the EU).

The Herald has worked with www.rescue.org, an independent non governmental organisation to collate this information.

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Primary school teacher would ‘moan’ as he touched female pupils, court hears

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A HAVERFORDWEST primary school teacher would “moan” while he touched his female pupils in a sexual way, a witness said in Swansea Crown Court.

In total, 11 former pupils, who were all under 13, have come forward and accused James Oulton, 34, of sexually assaulting them.

Oulton denies all the charges – saying the case was a “witch-hunt” and that he had behaved appropriately all times.

One of the pupils, who was in year four at the time, opened day four of the trial by giving evidence via a video link.

The girl told the court: “He would put his arm around by back and backside.”

Under cross examination Chris Clee QC, for the defence, asked the witness: “Did you tell the police that you were touched in an inappropriate way?”

The witness answered: “Yes, teachers should not be touching in that way.”

James Oulton

Asked if what he was doing wrong, the witness replied:

“Yes, very wrong”

In cross examination letters and cards were produced, made the witness whilst in school, where she had said Mr. James Oulton was “the best teacher in the whole world.”

One of the cards said: “You’ve made my life complete”.

Another card said: “Thank you for being so nice, and thanks for everything that you’ve done for me.”

The witness added: “Despite what he did do, he was a good teacher.  

“He used to buy us treats.

“He was nice caring and a sweet and fun teacher – but not what he was doing.

Referring to the cards, she said: “I would definitely not be saying that stuff now.”

Explaining how she told her parents the witness said: “Once I realised that [x] was in his class, I asked her ‘did he do this stuff to you?’

“She said yes.

“I realised more and more it was wrong and it was time to grow up now, and to speak.

“As soon as I found out that this was happening to [x] I stood up and told my parents.

Asked if she had seen inappropriate behaviour happening to anybody else the witness answered: “He did it to most of the girls in the class, but he had his favourites.

Asked if she had spoken to other girls about the touching, the witness said: “Yes, I was just curious was it just me, or was it normal?”

“Teachers should most definitely not be doing that to students.

“Doing what?”, the witness was asked, “You said in your police interview that he would pull you off your chair and make you sit on his lap, is that true?”

“Yes,” was the reply.

“Did you try and stop him?” she was asked.

“Yes, I tried to push him off sometimes and said, ‘get off its weird’, but I didn’t want to make a scene.

“He would make me sit on his lap whilst he was marking my work.”

When asked by the defence barrister how she was sat on her teacher’s lap, and if it was under a desk, the witness answered: “No, not under the desk, as both of our legs wouldn’t fit under.”

The witness also said that when she was sat on the defendant’s knee he would make “a low grunting noise.”

Asked if she had spoken others about this case, the girl said: “Police told my mum and dad that there were very many people involved in the case.

“I thought it was just me and [x] that was going to be at court, I only recently discovered that others had come out.”

A second female pupil was also giving evidence via video link. She was 9-years-old at the time of the alleged offending.

Firstly, a pre-recorded interview was played in court in which the witness said: “My teacher, Mr. Oulton always put his hand up my leg like that and up my t-shirt.”

She added: “If he calls you over and he pulls you onto his lap, if you don’t, he pulls your chair over and makes you.”

“How would he make you?” the QC asked.

“He would grab your arm, push you, and then pull you in”, she replied.

When asked if this was a one off, the witness said that the defendant “did it every day.”

“How would you be sat on his lap?”, she was asked.

“He would have one arm on my stomach, then the other arm would be rubbing my leg.”

“He would swap arms and then put one arm up my t-shirt.”

When asked to clarify if it was under her t-shirt the girl explained: “Yes it was under my t-shirt rubbing his hands up and down.”

The witness added: “If I tried to get up for work, he would just grab my arm.”

“He would make a funny sound like a hissing airplane.”

“We had a helper in the class, and when he came in, he would stop, and then I could go and sit down.”

The trial continues.

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New trees planted to help town

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SEVERAL new trees have been planted on Riverside Avenue in Neyland.

They were planted by Grandiflora, courtesy of the Town Council which recently pledged to plant more trees in the town in an attempt to help the environment.

As well as helping the environment, the trees will prevent vehicles from being parked on the grass verges on Riverside Avenue, which had been severely churned up over the winter and looked unsightly.

The Town Council will be working with Pembrokeshire County Council regarding parking issues in Neyland.

The trees will be tended and watered over the summer period to ensure they reach their maximum potential and enhance the area for residents and visitors alike.

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Golden goodbye report likely to be critical

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A REPORT by Audit Wales into the departure of former CEO Ian Westley is very likely to contain criticism of senior council officers.

In November 2020, Mr Westley left Pembrokeshire County Council with a £95,000 pay-out, something which has been criticised by a number of councillors.

In a document before the Audit and Governance Committee on Tuesday (April 13), it says that termination payments to Chief Officers are routinely examined by Audit Wales but in the case of Mr Westley, the audit team was unable to locate a recorded decision to enter into the settlement agreement which led to a termination payment being made to the Chief Executive.

An Audit Office spokesperson said: “This appeared unusual and therefore the audit team decided to undertake an early examination of the process that resulted in the payment being made.”

No complaints were raised, by councillors or any other body, with Audit Wales but the number of concerns and questions being raised at following council meetings prompted them to commence an audit.

Audit Wales state: “Our audit fieldwork is substantially complete. However due to the complex nature of some of the issues involved we considered it necessary to take some external legal
advice. We are currently considering that advice. 

“In the near future we will draft a document setting out our provisional findings and conclusions. 

“Once this document is ready we will commence a clearance process to confirm factual accuracy. 

“If the document contains criticism of identifiable individuals, in the first instance we will provide those individuals with any extracts of the document that pertain to them. Once
we have confirmed the factual accuracy with individuals, we will send the full draft document to the Council’s Chief Executive to identify any remaining factual inaccuracies. 

“We will only issue the finalised document once the clearance process has been completed. #

“We are unable to provide a definitive timetable for reporting because it will depend on the responses we receive within the clearance process.”

Only a handful of senior officers were involved in the procedure surrounding Ian Westley’s departure.

The inference which can be safely drawn from Audit Wales’ report to the Audit Committee is that some of its content will be critical either of councillors, senior officers, or both.

The process of asking those named to respond is known as Maxwellisation, a legal practice that allows persons who are to be criticised in an official report to respond prior to publication.

The report highlights the exceptional nature of the case at Pembrokeshire County Council and demonstrates the sensitivity of the issues raised.

If senior officers are sharply criticised or found to have failed in their duty to their employer, they will almost certainly have to go.

The council’s interim Chief Executive will read the document after maxwellisation.

It is also likely that the council’s newly appointed Chief Executive, Will Bramble, will have a chance to see it.

The Audit Wales spokesperson added: “We are unable to provide a definitive timetable for reporting because it will depend on the responses we receive within the clearance process. We are unable to respond to queries about our emerging findings whilst the audit is progressing, and until we have finalised our conclusions.”

In January, Cllr Jamie Adams had called for the council to commence an internal investigation into Mr Westley’s departure but that was deferred to allow for the Audit Wales review to be completed.

Cllr Adams said that the decision of payment should have been a ‘democratic decision’ and has asked why that wasn’t the case.

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