Member

Thirdly, the amendment would remove retrospectivity by ensuring that irregular entry or arrival may be taken into account only to the extent specified in guidance published when a person entered the UK. As it stands, the new guidance applies even if at the time a person came here irregularly, however long ago, the guidance in force did not bar them from citizenship. If the rule of law means something so minimal as that the law should be capable of guiding human conduct, then the guidance change is contrary to it. People cannot not now go back in time to alter their conduct to meet these new requirements; in this way, it is contrary to the rule of law. It is too late to act as a deterrent for those who arrived before the change and simply represents a penalty in breach of the refugee convention. The Refugee Council estimates that there are up to 71,000 who have already been granted status but who could now be denied citizenship. As one of them has said: