The JCWI (Joint Council for the Welfare of Immigrants) and digital rights group Foxglove plan a judicial review over the algorithm, which they say was designed around ‘decades of institutionally racist practices’. They say that the algorithm uses a traffic light system when sorting applications that effectively makes a ‘fast lane’ for white applicants.
The digital ‘streaming tool’, assigns each applicant with a Red, Amber or Green rating for risk. A higher score is given to applicants with nationalities that are deemed ‘suspect’, which dramatically increases their chances of being refused entry. The Home Office has said the algorithm will be discontinued but that they do not accept the description put forward by the campaigners.
In a letter to the High Court, the JCWI says that the Home Office uses a ‘secret list of suspect nationalities’, that flags up certain applications to be inspected, in a process that increases processing times and also the likelihood of rejection.
The Home Office’s solicitors have confirmed that the Home Secretary has decided to discontinue the streaming tool while a review of its operation takes place. The redesign will ‘assess and consider’ the points in by the legal challenge ‘including issues around unconscious bias’. The government points out: “‘For clarity, the redesign does not mean the secretary of state for the home department accepts the allegations in the claim form’.
Scarsdale Solicitors – Manchester, Rochdale and Oldham
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