A/HRC/14/30/Add.3 F. National human rights institutions’ commitment to the protection of the human rights of migrants 42. The Special Rapporteur welcomes the commitment of the three national human rights institutions in the United Kingdom to promoting both the human rights of migrants and the protection of human rights in the context of migration. He commends migrant rights-related activities by the Equality and Human Rights Commission, established in 2007, which include the publication of a study highlighting the several benefits that migration brings to the economy of the United Kingdom37 and the establishment of a helpline to address non-nationals’ equality rights. He also praises migrant rights-related activities undertaken by the Northern Ireland Human Rights Commission, established in 1998, and the Scottish Commission for Human Rights, which commenced operations in June 2008. G. Other good practices 43. The Special Rapporteur welcomes the possibility given to asylum-seekers of indicating a preference for the gender of the UKBA representative who will conduct the substantive asylum interview and the official who will be responsible for handling their claim. Although preferences indicated may not be accommodated for operational reasons, the Special Rapporteur welcomes the opportunity given to claimants to indicate the gender preference of the interpreter. 44. The Special Rapporteur welcomes the legal options available to persons who need protection but who are not deemed refugees. In this regard, he welcomes the establishment of the “discretionary leave to remain”, granted for a maximum three-year period, available to those who have not been considered for international protection or have been excluded. He also welcomes the “humanitarian protection leave” granted to persons, including refused asylum-seekers, who, if returned to their countries may face serious risks to their life arising from the death penalty, unlawful killing, torture or inhuman or degrading treatment or punishment. V. Major challenges A. The criminalization of irregular migration and the detention of immigrants 45. Section 33 (1) of the 1971 Act, as amended by the 1996 Act, defines an “illegal entrant” as a person that is either (a) unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or (b) entering or seeking to enter by means which include deception by another person, and includes a person who has so entered. This includes entry without leave (clandestine entry, absconders, unwitting evasion of the control); verbal deception; documentary deception; no evidence of lawful entry; entry in breach of a deportation order; illegal entry from the Republic of Ireland; and illegal entry from the Channel Islands and the Isle of Man. 46. UKBA is responsible for the removal of “illegal entrants”, who can depart voluntarily, either independently or with the support of the International Organization for 37 12 See Will Somerville and Madeleine Sumption, Immigration and the labour market: theory, evidence and policy (Migration Policy Institute, 2009). GE.10-12095