No-Deportations - Residence Papers for All

                                                    News & Views - Monday 28th January to Sunday 3rd February 2013

Children Entering Cedars December 2012
15 children were detained at Cedars in December 2012, 7 were under 5, 4 under 11 and 4 under 16.

This brought the total number of children detained at the Cedars to 121 for the whole of 2012

Children entering Tinsley House December 2012
13 children were detained at Tinsley in December 2012, 5 under 5, 7 under 11, 1 under 16

This brought the total number of children detained at the Tinsley to 82 for the whole of 2012

Monthly breakdown/detained children 2012 here . . . .

37 Frontex Charter Flights January Through December 2012

13 Flights to Nigeria        7 flights to Georgia

7 Flights to Serbia              5 Flights to Kosovo

1 each to: Pakistan / Gambia /Uzbekistan / Ukraine & Georgia / Colombia & Ecuador

UKBA only participated in 1 Frontex flight to Gambia
Frontex completed operations: January/December 2012

UKBA Operational Guidance Note: Nigeria
This document provides UK Border Agency case owners with guidance on the nature and handling of the most common types of claims received from nationals/residents of Nigeria, including whether claims are or are not likely to justify the granting of asylum, Humanitarian Protection or Discretionary Leave. Case owners must refer to the relevant Asylum Instructions for further details of the policy on these areas.

1.2 Case owners must not base decisions on the country of origin information in this guidance; it is included to provide context only and does not purport to be comprehensive. The conclusions in this guidance are based on the totality of the available evidence, not just the brief extracts contained herein, and case owners must likewise take into account all available evidence. It is therefore essential that this guidance is read in conjunction with the relevant COI Service country of origin information and any other relevant information
Published on Refworld, 30/01/12

Asylum-Support Pushing Families Into Severe Poverty, Say MPs
Thousands of children and their families who have sought refuge in the UK have been pushed into severe poverty by the low levels of asylum support, a parliamentary inquiry has revealed, concluding that the support system for asylum seekers is in urgent need of reform. The inquiry found evidence of children being left destitute and homeless, without state support, and forced to rely on food parcels.
Read more: Amelia Gentleman, The Guardian, 30/01/13

S.H.H. v. the UK - ECtHR Rule in Favour of UK but Three Judges Disagreed

A disabled asylum seeker failed to prove that his removal would expose him to inhuman or degrading treatment

In today's Chamber judgment in the case of S.H.H. v. the United Kingdom (application no. 60367/10), which is not final1, the European Court of Human Rights held by four votes to three, that:

There would be no violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if Mr S.H.H., a failed asylum seeker with physical disabilities were removed to Afghanistan.

The Court noted in particular that Article 3 did not oblige a Contracting State to provide all illegal immigrants with free and unlimited health care. It held that the responsibility of Contracting States under Article 3 could only be engaged in very exceptional cases of general violence where the humanitarian grounds against removal were compelling, which the applicant had failed to prove in his case.

Joint Dissenting Opinion Of Judges Ziemele, David Thór Björgvinsson And De Gaetano
1.  We regret that we are unable to join the majority under operative head no. 2 of the judgment in this case. While it is true that adverse credibility findings were made by the Secretary of State (§ 10) and by the First-tier Tribunal (§ 17) with regard to the applicant's and his father's alleged links with Hizb-i-Islami, the central and critical issue in this case was the applicant's severe disability (amputated lower right leg and penis, and serious injury to his left leg and right hand) and the consequences that would follow from that disability in the event of his deportation to Afghanistan. This was, in reality, the crux of his application for asylum, as well as of his application before this Court (§§ 56-60, and 78-80). Neither these injuries nor their severity has ever been challenged by the domestic authorities, unlike the other side issue relating to his allegation that in Afghanistan he effectively had no family or relatives to return to.

2.  In the majority judgment some weight is given to the fact that the applicant has two sisters in Afghanistan, who are both married (§§ 83-84 and 93). They are repeatedly referred to as family members who he may, as is implied, be able to contact upon return to that country and from whom he may be able to get some level of support or assistance. In this regard we point out in the first place that it is somewhat contradictory to suggest as relevant possible limited "familial ties" with his married sisters in Afghanistan, since such ties would not be accepted as relevant "familial ties" under Article 8 of the Convention had his sisters been living in the United Kingdom. In addition, the implication that he may be able to seek help and support from them is highly speculative as there is nothing in the case file indicating that they would be able or willing to provide him with any relevant help and support that might alleviate in a meaningful way the obvious severe hardship the applicant, as a very seriously disabled person, would face upon return to Afghanistan.

3.  Nevertheless, the central question is whether the nature of the applicant's disability coupled with the concrete situation back in Afghanistan engages Article 3. In this respect the instant case does not fall, strictly speaking, within the line of case-law represented by the judgment in N. v. the United Kingdom [GC], no. 26565/05, ECHR 2008. Nor does it fall exclusively within the framework of the Salah Sheekh v. the Netherlands, no. 1948/04, 11 January 2007 and Sufi and Elmi v. the United Kingdom, nos. 8319/07 and 11449/07, 28 June 2011 line of case-law. The facts of the instant case fall somewhere in between these lines of the Court's case-law and thus raise a new issue before the Court.
4.  In our view, there is no doubt that a disability per se, similar to a serious illness per se, would not automatically raise an issue under, or engage, Article 3. Nevertheless, the Court must look into the character of the disability within the context of the specific facts of a given case. It also needs to assess, given the general situation in the country of origin, how the person with a specific kind of disability might or might not re-settle (see, mutatis mutandis, Salah Sheekh, cited above, § 141).

5.  In this regard, we note that the UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Afghan Asylum-Seekers (December 2007) highlighted the fact that there may be persons who will not qualify for asylum but "for whom UNHCR urges States, for humanitarian reasons, to exercise caution when considering their forced return". Among the "vulnerable", UNHCR lists persons with medical illness or disability (physical or mental). It specifies that: "Ill or disabled persons who cannot work or live on their own in Afghanistan should not return unless they have effective family and/or community support. ... [T]here are Afghans for which UNHCR strongly advises that, at least temporarily, solutions be identified in countries of asylum and that exemptions to obligations to return are made on humanitarian grounds" (see pp. 78-79 of the Document). The 2009 Eligibility Guidelines continue to note that: "The traditional family and community structures of the Afghan social and tribal system constitute the main protection and coping mechanism for returning Afghan refugees... Those who may face particular difficulties upon return include ... physically and mentally disabled persons..." (see p. 61). The 2009 UK Border Agency Report on Afghanistan in fact refers back to the UNHCR's 2007 report inviting States to seriously consider the need to return a person with disability to Afghanistan. The 2010 Eligibility Guidelines (§ 41), while they do not specifically discuss difficulties faced by persons with disabilities, note a general worsening of the security situation and the increase of generalised violence in parts of Afghanistan and emphasise the importance of family and community structures for personal safety (§ 44). We also note that these Guidelines do not suggest a different approach to persons with disabilities since they do not seem to address the issue.

6.  In a recent study provided for UNHCR and entitled "Vulnerable or invisible? Asylum seekers with disabilities in Europe" (2010) it is noted that: "The specific barriers that persons with disabilities face to accessing protection and assistance when seeking asylum are yet to be recognized. With the exception of provisions for access to social security (Article 24(1)(b)), the 1951 Refugee Convention and its travaux préparatoires (UN Ad Hoc Committee 1950) provide little guidance on a disability-sensitive interpretation of refugee law and there are currently no official guidelines on this matter" (see Research Paper No. 194). We would submit that in light of the Convention on the Rights of Persons with Disabilities, which the United Kingdom ratified in 2009 (§ 36), the assessment of whether return to Afghanistan of the applicant in the instant case complies with Article 3 of the Convention required a disability?sensitive interpretation of the facts and of the application of the Court's case-law to those facts.
7.  To sum up, the applicant's submission was not that all persons with disabilities should not be returned to Afghanistan. His claim was that Article 3 would, if returned, be engaged in his specific case in view of the nature of his disability and the lack of family or social infrastructure for him in Afghanistan (§ 57). We cannot agree that the Immigration Judge examined properly this claim (§§ 19 and 20). The Judge drew crucial inferences from the applicant's prior stay in Afghanistan and his ability to make a journey to the United Kingdom. It is not clear why these negative inferences were drawn since there can also be many other different explanations as to the applicant's initial stay in Afghanistan (following the injuries) and his decision to leave the country. These could be linked to his precarious state of health. In our view, and precisely because the applicant's disability and the facts surrounding it were not examined in sufficient detail, we are left to speculate on the questions that should have been properly dealt with at a national level taking into consideration the need to adopt a disability-sensitive approach in such cases.

Garden Court Chambers - Immigration Law Bulletin - Issue 309

Private Life Under the Immigration Rules
Garden Court Immigration Team blog on the impact of the new immigration rules.
Read more here . . . .

Gurung & Ors, R (On the Application Of) v SSHD Dep [2013] EWCA Civ 8
The secretary of state's discretionary policy on dependent adult children of Gurkhas was not unlawful on grounds of uncertainty. However, the fact that the policy only allows adult dependant children to settle in the UK in "exceptional circumstances", leads to the conclusion that the historic injustice suffered by families of Gurkhas isn't reflected at all in the policy. Nevertheless the requirement to take the injustice into account in striking a fair balance between article 8 rights and the public interest in maintaining immigration policy is inherent in the proportionality assessment and it is ultimately for the court to strike that balance.
To read the full judgment click here . . . .

MS (Afghanistan) v SSHD [2013] EWCA Civ 7
The Court of Appeal failed to uphold a perversity challenge to a determination of the Upper Tribunal (IAC) dismissing the appeal of an Afghan intelligence officer who had provided a newspaper article that stated that his brother had been previously killed by the Taliban and expert evidence that concluded that he was still at risk, even in Kabul. The Upper Tribunal's conclusions that the evidence of risk was historical and that the appellant was not sufficiently high profile to be of continuing interest to the Taliban were open to it and did not reach the high perversity threshold.
To read the full judgment click here . . . .

KA, R (application of) v Essex County Council [2013] EWHC 43 (Admin)
In the particular circumstances of the case, Mr Robin Purchas QC sitting as a deputy High Court Judge, found that the Defendant local authority had unlawfully refused to provide accommodation and support for the Claimant and her family pursuant to the Children Act 1989. The Claimant and her family had had an application for leave to remain refused by the Secretary of State, without a right of appeal but were in the process of making a further application under the changed 9th July 2012 Immigration Rules that was neither abusive nor bound to fail.
To read the full judgment click here . . . .

Olaitan Ajoke Alarape, v Secretary of SSHD [2013] EUECJ C-529/11
The Advocates General's opinion on a referral from the Upper Tribunal (IAC), concluded that time as primary carer of a EU citizen child exercising treaty rights pursuant to Article 12 of Regulation (EEC) No 1612/68, who was not able to also qualify under Article 7(1) of Directive 2004/38/EC, did not count as qualifying time for a right of permanent residence under the same directive.
To read the full judgment click here . . . .


Important Tools for Anti-Deportation Campaigners - 2013
This month and through to June, many NGOs (Amnesty International', 'Human Rights Watch', Fund for Peace and 'USA Bureau of Democracy, Human Rights, and Labor') will be publishing their annual reports on Human Rights Abuses in 2012. These reports will cover political, economic, ethnic and religious persecution in every country in the world. 2012 saw another alarming rise in extremely violent religious sectarianism a rise that is expected to continue throughout 2013.

These annual reports are essential tools not only for campaigning against deportations but are "authoritative" sources for compiling reports for asylum/immigration/migration hearings, making a fresh asylum claim.

'No-Deportations' will post these reports as they come out, below is the first this year.

Human Rights Watch World Report 2013 - Events of 2012
Summarizes key human rights issues in more than 90 countries and territories worldwide, drawing on events from the end of 2011 through November 2012.

Each country entry identifies significant human rights issues, examines the freedom of local human rights defenders to conduct their work, and surveys the response of key international actors, such as the United Nations, European Union, the United States, and various regional and international organizations and institutions.

Two years into the Arab Spring, euphoria seems a thing of the past. The heady days of protest and triumph have been replaced by outrage at the atrocities in Syria, frustration that the region's monarchs remain largely immune to pressure for reform, fear that the uprisings' biggest winners are Islamists who might limit the rights of women, minorities, and dissidents, and disappointment that even in countries that have experienced a change of regime, fundamental change has been slow and unsteady. Difficult as it is to end abusive rule, the hardest part may well be the day after.
Download the full report HRW2013

Migrants' Billions put State Aid in the Shade
Money transfers from workers abroad to family back home have tripled in a decade and are three times larger than global aid budgets. For decades it was a largely unnoticed feature of the global economy, a blip of a statistic that hinted at the tendency of expatriates to send a little pocket money back to families in their home countries.

But now, the flow of migrant money around the world has shot up to record levels as more people than ever cross borders to live and work abroad. It's known as remittance money, and in 2012 it topped $530bn (£335bn), according to the latest World Bank figures.

The amount has tripled in a decade and is now more than three times larger than total global aid budgets, sparking serious debate as to whether migration and the money it generates is a realistic alternative to just doling out aid. If remittances at the level recorded by the World Bank were a single economy, it would be the 22nd largest in the world, bigger than Iran or Argentina.
Read more: The Guardian, Wednesday 30 January 2013

Placement of Roma Children in School for the Mentally Disabled was Discriminatory

In today's Chamber judgment in the case of Horváth and Kiss v. Hungary (application no. 11146/11), which is not final, the European Court of Human Rights held, unanimously, that there had been:

A violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights read in conjunction with Article 14 (prohibition of discrimination) of the Convention.

The case concerned the complaints of two young men of Roma origin that they had been wrongly placed in schools for the mentally disabled and that their education there had amounted to discrimination.

The Court underlined that there was a long history of wrongful placement of Roma children in special schools in Hungary. It found that the applicants' schooling arrangement indicated that the authorities had failed to take into account their special needs as members of a disadvantaged group. As a result, the applicants had been isolated and had received an education which made their integration into society at large difficult.

Cameroon: End Impunity For Grave Human Rights Violations
People in Cameroon are being subjected to a raft of abuses including unlawful killings and torture as the authorities seek to use the criminal justice system to clamp down on political opponents, human rights defenders and journalists and as a weapon to attack lesbian, gay, transgender and intersex (LGBTI) people, Amnesty International said in a new report. In the report, Amnesty International documents a series of cases where fear, intimidation and imprisonment have been used to clamp down on political opposition to President Paul Biya.
Read more: Amnesty International, 24/01/13

Cameroon: 18 Suspected Ritual Killings in 14 Days
Michele Mbala Mvogo, a 17-year-old high school student, left home to go to school one morning, and she never came back. On Friday 18/01/03, police found Michele's corpse with four other bodies dumped outside a kindergarten school. Fighting back tears, Deborah Ngoh Tonye described what was left of her sister's gruesome corpse. Someone had removed Michele's genitals, tongue, eyes, hair, and breasts. Michele's bizarre murder is believed to be part of a wave of killings linked to occult rituals that has triggered panic in Yaounde, the capital city of more than 2 million people in the West African nation of Cameroon.

In the past two weeks police have found 18 bodies dumped along the streets. Authorities said all of the bodies had been mutilated. Officials have not said if the female victims among the 18 bodies had been raped.
Read more: By Tapang Ivo Tanku,CNN, January 22, 2013

Immigrants: Detainees [Rule 35 Reports]

Bridget Phillipson: To ask the Secretary of State for the Home Department (1) how many detainees (a) were and (b) were not released from detention following submission of a report to UK Border Agency under Rule 35 of the Detention Centre Rules 2001 in each year for which figures are available; [137251]

(2) how many reports have legal and healthcare teams submitted to UK Border Agency under Rule 35 of the Detention Centre Rules 2001 in each year for which figures are available. [137252]

Mr Harper: Reports made under Rule 35 of the Detention Centre Rules 2001 may be made only by the medical practitioners at immigration removal centres.

Management information for the administration of reports submitted under Rule 35 of the Detention Centre Rules 2001 is available for the period 1 January 2012 to 30 September 2012. This information does not form part of published statistics and is not subject to the detailed checks that apply for National Statistics publications. It is provisional and subject to change. Records prior to this period were locally held manual records for administrative purposes and are not available.

There were 983 Rule 35 reports during 2012
Detention Maintained 909    /    Detainee Released 74
House of Commons / 24 Jan 2013 : Column 431W