Home Secretary Pays £40,000 To Immigration Detainee
The Home Secretary has agreed to pay damages of £40,000 to a mentally ill man detained under immigration powers over 19 months between 26 January 2011 and 9 August 2012. Jed Pennington of Bhatt Murphy acted for the Claimant.
The Claimant, whose identity is protected by an anonymity order, issued judicial review proceedings on 26 July 2012. In the face of an order for an expedited hearing, the Home Secretary agreed to release the Claimant and he was restored to his liberty on 9 August 2012. The Home Secretary also conceded that the claim was arguable and permission was granted by Mr Justice Burton in December 2012. The matter was due to be heard at a full judicial review hearing on 10-11 July 2012; however settlement terms have now been agreed with the Home Secretary agreeing to pay the Claimant £40,000 damages as well as his legal costs.
http://www.bhattmurphy.co.uk/bhatt-murphy-111.html#503
Returns to South/Central Somalia: A Violation of International Law
Amnesty International opposes attempts by Denmark, the Netherlands and Norway to forcibly return people to the Somali capital, Mogadishu, and/or any other parts of south and central Somalia. The risk of human rights violations and abuses remains real in most areas of south and central Somalia, given limited government control, the significant continued presence of al-Shabab, and the ongoing armed conflict. Though there have been improvements in the security situation in Mogadishu, they remain fragile and volatile. In the circumstances prevailing at the time of writing, there is little or no indication that any improvement has resulted in a fundamental, durable and stable change of circumstances in south and central Somalia as demonstrated by the recent attacks by al-Shabab in Mogadishu on 5 May and 14 April 2013. Therefore, in line with their non-refoulement obligations under international law, states should not remove individuals to these areas.
Amnesty International: <> 15/05/13
Mental Health Advocacy & Human Rights: Your Guide
Aimed at both advocates and people who use services, this handy guide explains how the Human Rights Act can be used in mental health settings to secure better treatment and care for people. It draws on real life stories of how laws and legal cases can be used in everyday advocacy practice, providing helpful flow-charts, worked through examples and top tips.
Download the Guide <> here . . . .
A Serious Display of Public Concern Makes a Difference
Glasgow: No Evictions No Destitution Support the Evictees
Court Hearing challenging evictions of refused refugees - Round 4
Friday 17th May 2013 Assemble 9.30am
Glasgow Sheriff Court 1 Carlton Place, Glasgow G5 9DA.
While the government's bedroom tax is likely to lead to evictions of people who cannot pay the extra rents, their policy of refusing support to refused refugees who cannot return to their home countries has already led to many evictions into absolute destitution. The utter callousness of their treatment of refugees is almost a dress rehearsal for the bedroom tax. What they can do to demonised refugees today they can do to the demonised poor tomorrow.
But they are meeting with determined opposition. A number of cases have gone to the Sheriff Court and are turning into test cases for this inhumane policy. The cases have now been running for some six months.
This Friday the next hearing will take place in Glasgow Sheriff Court. The advocate for the refugees will be making the case in their defence. The Campaign is again calling for a demonstration outside and a presence inside the courtroom to show our support. Join us at 9.30am outside the courtroom. A serious display of public concern makes a difference.
From: Glasgow Campaign to Welcome Refugees <glascamref@gmail.com>
Asylum: Afghanistan
Stephen McPartland: To ask the Secretary of State for the Home Department what her policy is on the granting of political asylum to Afghan political interpreters; and what assessment she has made of differences in this policy and that previously applied to Iraqi interpreters who had worked with UK armed forces. [154136]
Mr Harper: Our policy is to consider all asylum applications made in the United Kingdom in accordance with our obligations under the 1951 Refugee Convention and grant asylum if the individual establishes a need for protection.
Work is progressing on reviewing how to make appropriate provision to support locally employed civilians as we draw down our combat mission in Afghanistan. As part of this work we have considered both the UK's previous assistance scheme for Iraq and the arrangements that other members of the allied forces have put in place in Afghanistan. We continue to recognise our clear commitment to treat locally engaged staff fairly and appropriately, and to take all reasonable steps to ensure their safety and security beyond the term of their employment with Her Majesty's Government. House of Commons / 14 May 2013 : Column 112W
Europe Must Combat Racist Extremism and Uphold Human Rights
Europe has been experiencing a worrying intensification of activities of racist extremist organisations, including political parties. According to some commentators, the upsurge has even reached the point of "an early form of far right terror". It worries me deeply that the European community and national political leaders appear not to be fully aware of the serious threat that these organisations pose to the rule of law and human rights.
The philosophy of racist extremist organisations is centred on denying the entitlement of "others" – mainly migrants and members of national, ethnic and religious minorities – to human rights and fundamental freedoms. They invent "enemies" who have to be fought and eliminated.
Nils Muiznieks - EU Commissioner for Human Rights
Tacko Granted Asylum After Being Asked to 'Prove' he's Gay
National Union of Students activist who was asked by the Home Office to "prove" he was gay in order to avoid deportation to Senegal where he faced persecution, has been granted asylum in the UK.
Serigne Tacko Mbengue, known as "Tacko", fled his home country, where it is illegal to be homosexual, after being tortured over his sexuality. After arriving in Britain in 2008, he spent 18 months in detention centres, and has fought deportation ever since.
Now Tacko, who is an LGBT representative for the National Union of Students' (NUS) black campaign, can live in the UK in peace after the Home Office dropped the case.
Read more: Huffington Post
Asylum Research Consultancy (ARC) COI Update Volume 56
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 23/04/2013 and 06/05/2013 - Volume 56 <> here . . .
Don't Let the Home Secretary Load The Dice Over Human Rights
There is no justification for the new immigration bill – and it's a move guaranteed to harm unpopular minorities. In the Queen's Speech the Government announced plans to limit the use of Article 8 of the European Convention on Human Rights. The changes are likely to be popular, thanks to longstanding campaigns by some newspapers to restrict the rights of foreigners who have committed crimes here.
But there are reasons why we should be very wary about this proposal, as it could greatly alter the balance of power between judges and the Executive.
Read more: Adam Wagner, < >New Statesman, 08/05/13
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Council Wrongly Classed Asylum Seeker Childrena as Adults
A London council has had to pay out more than £1m in costs for wrongly assessing asylum seeker children as adults. These wrong decisions have condemned some children to homelessness, prevented them from going to school and led to some being unlawfully held in adult detention centres.
Croydon in south London has paid out almost £1.2m in legal costs in cases where it made the wrong decisions about age-disputed children, according to data collected via Freedom of Information in a new report from Coram Children's Legal Centre. The exact number of cases is not known but the council is thought to have been involved in hundreds of legal challenges.
Read more: Diane Taylor, <>The Guardian, Friday 17 May 2013
Tomb of the Unknown Immigrant
Falfurrias, Texas - Mounds of dirt decorated with fake flowers sit at the northern edge of the cemetery in this town about 80 miles north of the U.S.-Mexico border. Small metal placards mark the graves of the unknown, generally by gender, while others simply say "bones" or "skull case."
It is here that more than 50 unidentified immigrants were buried after dying in heat and punishing terrain while they tried to seek new lives in the United States. As legislators in Washington debate bipartisan proposals for an immigration overhaul, Texas officials say this small town, the seat of Brooks County and part of the U.S. Border Patrol region known as the Rio Grande Valley sector, is emerging as an epicenter of death and misery.
Read more: Jared Taylor, <> IOL News, 16/05/13
Hungary: Wrong Direction on Human Rights
This 29-page report analyzes the new constitution and laws and their negative effects on human rights and the rule of law. It shows how the government has largely ignored criticism from the EU and the Council of Europe and, through further constitutional changes, sought to reverse binding rulings by Hungary's Constitutional Court upholding fundamental rights. The report finds that the changes run counter to Hungary's legal obligations as a member of the EU and the Council of Europe.
Read more: <> Human Rights Watch, 16/05/13
Returns to South/Central Somalia: A Violation of International Law
Amnesty International opposes attempts by Denmark, the Netherlands and Norway to forcibly return people to the Somali capital, Mogadishu, and/or any other parts of south and central Somalia. The risk of human rights violations and abuses remains real in most areas of south and central Somalia, given limited government control, the significant continued presence of al-Shabab, and the ongoing armed conflict. Though there have been improvements in the security situation in Mogadishu, they remain fragile and volatile. In the circumstances prevailing at the time of writing, there is little or no indication that any improvement has resulted in a fundamental, durable and stable change of circumstances in south and central Somalia as demonstrated by the recent attacks by al-Shabab in Mogadishu on 5 May and 14 April 2013. Therefore, in line with their non-refoulement obligations under international law, states should not remove individuals to these areas.
Amnesty International: <>15/05/13
UKBA: Operational Guidance Note Egypt
This document provides Home Office case workers with guidance on the nature and handling of the most common types of claims received from nationals/residents of Egypt including whether claims are or are not likely to justify the granting of asylum Humanitarian Protection or Discretionary Leave. Case workers must refer to the relevant Asylum Instructions for further details of the policy on these areas.
Published Relief web, 14/05/13
UKBA: Operational Guidance Note Turkey
This document provides Home Office case workers with guidance on the nature and handling of the most common types of claims received from nationals/residents of Turkey including whether claims are or are not likely to justify the granting of asylum Humanitarian Protection or Discretionary Leave. Case workers must refer to the relevant Asylum Instructions for further details of the policy on these areas.
Published Relief web 14/04/13
UKBA: Operational Guidance Note Libya
This document provides Home Office case workers with guidance on the nature and handling of the most common types of claims received from nationals/residents of Turkey including whether claims are or are not likely to justify the granting of asylum Humanitarian Protection or Discretionary Leave. Case workers must refer to the relevant Asylum Instructions for further details of the policy on these areas.
Published Reliefweb 14/05/13
Noise on Immigration is Drowning Out Real Problems
Desperate to sound tough, politicians are in fact making it harder to improve the plight of domestic slaves in Britain. Can governments ever be tough enough on immigration? Ask any canvasser and they report grim news from the doorstep: whatever the issue – housing, jobs, benefits – in these hard times the blame has been successfully diverted on to migrants for taking jobs and homes. Tighten the screw, pull up the drawbridge, cut off the attractions that draw them to the UK, but no political action is ever enough to sate the demand for tougher border defences.
The government frequently takes noisy public action, even when it knows some things are far worse than useless. Economically, it's madness to cut off valuable students from China and India for the sake of hitting a meaningless "net" migration statistic. Morally, some "action" means deliberately turning a blind eye to some abuse that would shock many of the same people who want immigration cut, if they knew.
Read more: Polly Toynbee, <> Guardian, Monday 13/05/13
32.4 Million People Displaced by Disasters in 2012
A new report released today by the Internal Displacement Monitoring Centre (IDMC) reveals that 32.4 million people were forced to flee their homes in 2012 by disasters such as floods, storms and earthquakes. While Asia and west and central Africa bore the brunt, 1.3 million were displaced in rich countries, with the USA particularly affected.
98% of all displacement in 2012 was related to climate- and weather-related events, with flood disasters in India and Nigeria accounting for 41% of global displacement in 2012. In India, monsoon floods displaced 6.9 million, and in Nigeria 6.1 million people were newly displaced. While over the past five years 81% of global displacement has occurred in Asia, in 2012 Africa had a record high for the region of 8.2 million people newly displaced, over four times more than in any of the previous four years.
Read more: <> Reliefweb, 13/05/113
Garden Court Chambers - Immigration Law Bulletin - Issue 324
Woman, 81, Left To Starve After Immigration Raid
Gloria Foster, 81, a frail widow with dementia, was entirely dependent on four daily visits from carers, who fed her, helped her get out of bed and gave her medicine. But for nine days in January she was left to starve after an immigration raid on the private care company contracted to look after her.
Somehow in the days following the raid and closure of the agency Carefirst24, the local authority forgot about her. She was discovered on a chance visit by a district nurse and taken to hospital, where she died in early February.
Read more: Guardian <> 09/05/13
Hindu Hell On Earth: Families Flee Persecution In Pakistan
They had waited for years. So when the opportunity came they took it, even if it meant leaving behind friends and neighbours, brothers and husbands. Even a three-day-old baby boy. Seven weeks ago, almost 500 Hindus from Pakistan crossed into India on the pretence of visiting a religious festival. In reality, they had come to escape religious persecution and poverty. Some said they would rather commit suicide than go back.
Though Pakistan was established as a state for Muslims, the original vision of its founder, Mohammad Ali Jinnah, was of a place of tolerance and inclusion. "You are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan. You may belong to any religion or caste or creed – that has nothing to do with the business of the state," he said in speech in August 1947. Yet Jinnah's vision has steadily been eroded. Today, as Pakistan prepares for a historic election on 11 May, its Christians and Hindus, which together comprise perhaps 3 per cent of the population, face persecution and assault. Some have fled.
Read more: <> Indpendent, 07/05/13
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