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Reframing the Windrush Scandal as an International Statelessness Crisis
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The 2018 so-termed ‘Windrush Scandal’ highlighted the discriminatory actions of the British State against Commonwealth migrants who, having legally settled in the United Kingdom in the postwar period, found their right to remain wrongly challenged by the Home Office. The controversy led to threats of deportation and incarceration for some, while others found they were locked out of the country indefinitely. This article examines some of the ways in which racialised and minority groups can encounter ‘statelessness-like’ experiences in their everyday interactions with the state, as well as exploring some of the far-reaching and unexpected consequences of measures that have historically attempted to limit migration from the Caribbean and the broader Commonwealth to the United Kingdom. Drawing on extensive oral history interviews conducted as part of the project ‘The Windrush Scandal in a Transnational and Commonwealth Context’, this paper argues that the Scandal provides statelessness scholars with a much-needed window into the distinct ways Global North countries have sought to prevent migrants and their descendants, many of whom see themselves as citizens, from full enjoyment of their rights. Ultimately, the author proposes that the (re)positioning of the Windrush Scandal as a crisis worthy of international attention will firmly embed the inclusion of this controversy into the field of statelessness studies, while opening new opportunities for cultural, political and legal exploration of the broader ways in which people’s claims to citizenship recognition can be thwarted, overridden or ignored by the state.
Peter McMullin Centre on Statelessness - Melbourne University Law School
Title: Reframing the Windrush Scandal as an International Statelessness Crisis
Description:
The 2018 so-termed ‘Windrush Scandal’ highlighted the discriminatory actions of the British State against Commonwealth migrants who, having legally settled in the United Kingdom in the postwar period, found their right to remain wrongly challenged by the Home Office.
The controversy led to threats of deportation and incarceration for some, while others found they were locked out of the country indefinitely.
This article examines some of the ways in which racialised and minority groups can encounter ‘statelessness-like’ experiences in their everyday interactions with the state, as well as exploring some of the far-reaching and unexpected consequences of measures that have historically attempted to limit migration from the Caribbean and the broader Commonwealth to the United Kingdom.
Drawing on extensive oral history interviews conducted as part of the project ‘The Windrush Scandal in a Transnational and Commonwealth Context’, this paper argues that the Scandal provides statelessness scholars with a much-needed window into the distinct ways Global North countries have sought to prevent migrants and their descendants, many of whom see themselves as citizens, from full enjoyment of their rights.
Ultimately, the author proposes that the (re)positioning of the Windrush Scandal as a crisis worthy of international attention will firmly embed the inclusion of this controversy into the field of statelessness studies, while opening new opportunities for cultural, political and legal exploration of the broader ways in which people’s claims to citizenship recognition can be thwarted, overridden or ignored by the state.
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