AML / CFT: Pakistan cricketer Haider's UK flight raises documentary issues

First, we must make it clear that we do not, and do not intend to, make any allegation of wrongdoing on the part of 24 year old Haider.

The UK Border Agency says "

Visa requirements for the United Kingdom

1. Subject to paragraph 2 below, the following persons need a visa for the United Kingdom:

(a) Nationals or citizens of the following countries or territorial entities:

... Pakistan ...

The relevant parts of paragraph 2 say

"2. The following persons do not need a visa for the United Kingdom:

(a) those who qualify for admission to the United Kingdom as returning residents in accordance with paragraph 18;

(b) those who seek leave to enter the United Kingdom within the period of their earlier leave and for the same purpose as that for which that leave was granted, unless it

(i) was for a period of six months or less; or

(ii) was extended by statutory instrument or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999);"

On arrival at London's Heathrow Airport from Dubai, Haider was informally detained by immigration officers for a period of some four hours.

The question that first arises is this: airlines are required - under pain of substantial fine - to ensure that travellers have the required travel documents including visas. Why was Haider allowed to board a flight to the UK in the absence of such a visa?

Haider says that he fled due to threats of death and other consequences if he did not act to lose a cricket match in Dubai. The threats, he says, came from gambling syndicates in Pakistan. An investigation is under way as to the conduct of at least two other players in the same match.

Fear of persecution by criminal gangs is not a ground for political asylum. Indeed, it's exactly the opposite. Pakistan's police have mounted a guard at Haider's home to protect his family and property - and him if / when he returns.

Far from fleeing political oppression, Haider is being fêted as the person who stood against corruption in Pakistan's beloved cricket.

He says he has insufficient money to hire lawyers to decide whether to pursue an application for political asylum although some reports say he has already made an application.

Under UK Immigration law, an application for political asylum must be made at the point and time of entry. Delay or entry under some other regime defeats the application. Therefore it is possible that Haider made a formal application to protect his position.

However, that does not explain why, in the circumstances so far known, he was granted an entry visa. He appears unable to make out a prima facie case for political asylum.

It is important that not too much is made of the individual concerned: it is the principle that is important.

It appears that systems and controls designed to ensure that airlines know who they are carrying and that information is passed to the destination country were met; what was not met is a clear instruction to airlines not to carry passengers without the required documents.

Somewhere, someone made a decision to pass the final decision from the check-in desk to immigration at London's Heathrow Airport.

And that, as a principle, is worrying.