No-Deportations - Residence Papers for All

                                        News & Views - Monday 16th Decvember to Sunday 22nd December 2013

-  If Your Immigration Status Is Insecure!

1) Stay out of cars / Stay Sober/ Avoid noisy celebrations, this Festive Season?

2) Solicitors/NGOs/advocacy groups reduced services for next two weeks!

The government have launched its annual don't drink/ don't drive campaign.

From now through to the end of the first week of 2014 there will be extra police checks on cars.

1) If police stop a car they are more than likely (though they are supposed not to) to check the details of all the occupants of the car not just the driver. Police will run the names through their national database; the database contains details of persons that the UK Border Agency (UKBA) has an interest in.

Christmas, New years eve festivities, don't over do, so as to attract the attention of the police.

If a name comes up as of being of interest to UKBA, that person may well be detained and taken to the nearest police station. UKBA will be informed that the person has been detained and UKBA will them make a decision as to whether to instruct the police to release the person back into the community or hold the person pending transfer to a Immigration Removal Centre.

2) Warning solicitors and advocacy groups will be very thin on the ground over the festive season; many will shut up shop on Friday 20th December through to Thursday 2nd January 2013.

If you do have a solicitor, make sure you have their emergency number, also emergency number for your MP.

If you do not have Leave to Remain, make sure that you/ a close friend/ other family member have copies of all your paper work held by your solicitor/case worker, in particular your,

1) ICD.2599 Immigration Factual Summary

2) a copy of the Home Office 'Letter of Refusal' also called the 'determination', this is the document refusing leave to remain in the UK and ordering removal/deportation.

May Should Amend Refugee Family Reunion Rule For Children
The Supreme Court has today 18/12/13 strongly indicated to the Home Secretary in its judgment in AA (Somalia) v Secretary of State for the Home Department [2013] UKSC 81 that she should amend the immigration rules concerning family reunion of children with refugees in the United Kingdom.

The Court held that it could not itself re-write the rules to achieve a fair result and so had to dismiss the appeal. But Lord Carnwath, in giving the judgment of the Court, said:

"In the interests of both applicants and those administering the system, it seems much preferable that the rules should be amended to bring them into line with the practice actually operated by the Secretary of State, including that dictated by her obligations under international law."
Read more: <>No5 Chambers, Wednesday 18th December 2013

South Sudan: New Nation With Old Hatreds

The world's newest nation South Sudan, is in flames this week with up to 500 people feared dead after what its President described as "a failed coup."

Some 20,000 people in the capital, Juba, fled from their homes to take shelter with the United Nations after rival divisions of the Republican Guards reportedly began shooting at each other on Sunday. Parts of the city are said to have been reduced to rubble by the fighting, which today spread to the town of Bor, north of the capital. Behind the fighting is ethnic rivalry which, according to one South Sudanese military official, threatens to tear the country apart.

The new country was forged with high hopes in a referendum in 2011, after decades of civil war. But an oil blockade enforced by Sudan's government in Khartoum has undermined the development of democratic institutions in what is essentially a one-party state. The decision by President Salva Kiir, who led the new nation into independence in 2011, to sack his deputy, Riek Machar, in July provoked a political and military rift which today leaves South Sudan teetering on the edge of serious conflict. Mr Kiir belongs to the Dinka tribe, while Mr Machar is from the Nuer tribe.
Read more: < > Independent 18/12/13

Florence Must Stay! A Campaign From No Borders Leeds

We are calling for our friend Florence (aged 62, from Zimbabwe), a Leeds resident since 2002, to be immediately released from Yarl's Wood detention centre and to cancel her forced flight to Zimbabwe on Thursday.

Florence has been in the UK since 2002 where she has been actively involved as a volunteer and in her church. She is well known and loved by many people here in Leeds. She has a number of medical problems and is due for surgery in the next few months. Instead the Home Office plan to remove her to Zimbabwe where Mugabe's brutal regime makes it extremely unsafe tor her to return.

For more information about Florence's campaign you can contact or 074 6669 9812

What you can do:

1. Contact Kenya airways and tell them not to fly Florence against her will.

The flight details are: Thursday 19th December 17.00 KQ101 Kenya Airways from London Heathrow

tel: 020 82831800

email: and

2. Contact the Home Office (you will need to give Florence's home office reference number M1204427)

The Right Honourable Theresa May, Secretary of State,
Home Office,
2 Marsham Street,

3. If you are in Leeds: We are holding a protest on Wednesday 18th December 12:00pm outside UKBA Waterside Court in Leeds to call for Florence's immediate release.

No Borders Leeds

Urgent Action Stop Deportation of Isa Muazu This Evening

Isa Muazu faces deportation again, this time he will be put on an arranged Charter flight along with other Nigerians.

Charter flight to Nigeria: 22:20 hrs Today Tuesday 17th December 2013

Nigerian man Isa Muazu who recently was on hunger strike for 100 days has been given fresh removal directions for today Tuesday 17th December. This will be the third attempt to remove Isa from the UK after the Home Office spent up to £108,000 chartering a private jet two weeks ago in a failed attempt to fly him back to Nigeria. The Home Office have given him fresh removal directions and are now going to try to return him on a mass charter flight as part of a regular Home Office exercise called "Operation Majestic".

Lawyers for Isa are currently in the Upper Tribunal Field House, Beams Building off Chancery Lane in London trying to fight his asylum appeal.

As well as Isa, Unity are in contact with at least another 6 people who the Home Office are trying to put on the same flight, and there are many more on it who will also have not had access to a fair hearing, or appropriate time to prepare their asylum case. There has not been time to assist each individual sufficiently with their case to effectively prevent their removal on this particular flight. For those individuals with fresh evidence, lawyers have not been ready to take on the cases because of legal aid funding restrictions.

We urgently need you to take action to try and stop this charter flight by faxing and calling the Nigerian High Commission, Nick Clegg and Theresa May

Below are just some of the other people Unity are supporting who have been given removal directions for Tuesday 17th December on charter flight PVT091:

Nigerian woman with British husband faces removal
Josephine Atiri came to the UK in 2009 and claimed asylum in February 2010 shortly after her visa ran out. An orphan, she had been raped and sexually assaulted by members of her adoptive family in Nigeria. In May 2010, Josephine met her partner, a British citizen, and married him in July 2011 and two months ago she lodged an Article 8 claim based on the family life she has made here with her husband. She also applied for a spousal visa to stay here with her husband. Both of these have been refused because although the Home Office accept she is in a genuine relationship, there was no evidence to show a good enough reason why her husband can't give up all of his family life in the UK and go and live in Nigeria with her.

Josephine had no life and has no family in Nigeria. She came here because she was being abused by the people who were supposed to be her family. Now she has a life and a family here in the UK. She was arrested last week, taken from her husband and her home and has been in detention since. She now faces being removed from the UK, losing everything she has and being returned to a dangerous situation in Nigeria. When I spoke to Josephine on the phone today, she said to me 'I'm pleading with them to let me stay with my husband and have a good life. I've never had a good life. I'm begging them.' Josephine's lawyer lodged appeal papers with the High Court on Monday of this week in a last attempt to allow her to stay in the UK and carry on the life she has established here. She is still waiting to hear the outcome of this.

Gay man faces removal because UKBA doesn't believe his partner is gay
Elvis (not his real name) is a gay man from Nigeria who claimed asylum in June 2012 because he was in danger in Nigeria due to his sexuality. Nigeria has been described as one of the most homophobic countries in the world where both male and female same-sex sexual activity is illegal.

Since coming to the UK last year, Elvis started a relationship with another Nigerian man and they have been together for over a year. His initial asylum claim was refused on grounds of insufficient evidence of his sexuality. When he first arrived, he knew nothing about the system, about what would happen at the interview, or about what and how much evidence was required. Nobody told him about any of this until after his interview, when he was told he hadn't given enough evidence and his claim was refused.

Elvis says that he could have provided evidence in the first place had he been told this was what was required. He submitted a fresh claim with ample evidence including statements from his partner and friends, photos proving their relationship was genuine, as well as statements from the Unity LGBT group that Elvis is an active member of, confirming his sexuality. This time the Home Office refused him because they'd already refused to accept his partner was gay.

Elvis now faces imminent removal back to Nigeria where he believes he'll certainly be arrested on arrival. He tells me the law provides no freedom in his country. He came here in the hope of finding a new life in a country where he could be free to live as he chooses, but he has only been disbelieved, dismissed and ultimately treated as a criminal, being detained and now facing forcible removal back to the situation he came here to escape

Man with Portuguese girlfriend faces removal
Oye Avioban, from Nigeria, first came to the UK in 2006 on a student visa, which expired in 2010. At that point, he made a human rights application for leave to remain on the grounds of his relationship with an EU citizen here in the UK. His partner is Portuguese and they have been together for almost two years. His application was refused because they did not accept his relationship was real. A big problem for Oye seems to have been the fact that he and his partner do not yet live together. This was for practical reasons, his partner was struggling to secure accommodation, which she has recently managed to do, and their plan has always been to live together once accommodation has been sorted out. Despite this and evidence such as Oye's partner's recent tenancy agreement being submitted, the Home Office have refused to believe them. Oye and his partner have given the Home Office as much evidence they can think of that their relationship is real. Despite all their attempts, the appeals process has now been exhausted. Oye's only legal avenue is to submit a request for Judicial Review to the High Court, which Oye's lawyer has said he believes will be accepted. However, this is an expensive process and unless Oye manages to raise at least £1000 to pay the fees, this last legal avenue will be closed to him and it is likely that he will be taken back to Nigeria on Tuesday.

Gay man from Ghana still waiting for UKBA to respond to his fresh claim
Peter (not his real name) is a gay Ghanaian man, who is detained in Dungavel DRC and is due to be removed on Tuesday. The Home Office plan to remove him from the UK during a mass removal on the charter flight to Nigeria, and then move him to Ghana from there. Peter is very afraid of returning to Ghana. We have been in regular contact with his partner, who has been very actively involved in his case – calling and visiting Peter's lawyer numerous times every week. Earlier this week, Peter's lawyer lodged an appeal with fresh evidence, which the Home Office have yet to respond to. This puts Peter in a very difficult position as if his appeal is refused at this stage, he will be left with very little time to take further action before the planned removal date.

We urgently need you to take action to try and stop this charter flight by faxing and calling the Nigerian High Commission Theresa May and Nick Clegg

What you can do:

1. Call the Nigerian High Commission

We are calling for anyone who can to call the Nigerian High Commission and urge them to try to stop the current charter flight. Recently Nigeria has refused planes to land because the proper procedure has not been followed – phoning, faxing and emailing them can work.

Anyone who has time please call the number below and let them know of your concern for many of the individuals on this flight and urge them that they do not have to be party to this inhumane method of mass deportation but that the merits of each immigration case should be considered fully and not rushed in order to fill mass charter flights which is what is occurring.

Nigerian High Commission
Phone: 0207 839 1244 extension 277, alternatively just press 0 during the main menu of options.
Fax: 020 7839 8746

Or leave an online message here . . . .

2. Lobby Theresa May/Nick Clegg

Please contact Home Secretary Theresa May to let her know this degrading mistreatment of people cannot go on.

Rt Hon Theresa May MP, House of Commons, London, SW1A 0AA
Fax: 020 8760 3132 (00 44 20 8760 3132 if you are faxing from outside UK

3. Also ask Nick Clegg what he thinks about mass expulsions

Parliamentary office: House of Commons, London, SW1A 0AA
Tel: 020 7219 3000

Departmental Office: Cabinet Office, 70 Whitehall, London, SW1A 2AS
Tel: 020 7276 1234

Unity Centre Glasgow
30 Ibrox Street
G51 1AQ

0141 427 79 92 /

Practical support and solidarity to all asylum seekers and migrants in Scotland.


Early Day Motion 901: Human Rights In Bahrain
That this House notes that despite the publication of the Bahrain Commission of Inquiry Report in 2011 which chronicled torture and extrajudicial killing regrets that many violations of human rights continue; is shocked that there are 3,000 political prisoners, children in detention, citizenship removed from activists and arbitrary arrests amongst the many violations of human rights independently reported; and calls on the Government to make the strongest possible representations to the government of Bahrain and to refuse all arms and crowd control equipment exports to Bahrain.

Sponsors: Corbyn, Jeremy / Clark, Katy / McDonnell, John
House of Commons: 19.12.2013

If France Deported Ahmadiyya Would Violate Article 3
The applicant, N.K., is a Pakistani national who was born in 1989 and lives in Créteil (France). The case concerned his potential removal from France to Pakistan, where he said that he would sustain inhuman or degrading treatment. Following his conversion to the Ahmadiyya religion, according to whose rites he was married in 2009, Mr N.K.'s cousin filed a complaint against him for proselytising. Shortly afterwards he was allegedly abducted, confined then tortured for several days before managing to escape from his kidnappers. After learning that an arrest warrant had been issued against him for preaching the Ahmadiyya religion, Mr N.K. left Pakistan.

He arrived in France in August 2009 and applied for asylum. Finding that his statements were not sufficiently substantiated, the French Office for asylum-seekers (the OFPRA) rejected his application in October 2009. For identical reasons the appeal by Mr N.K. against that decision was dismissed by the National Asylum- Law Court (the CNDA) in July 2010. Further to a decision refusing him leave to remain and ordering his departure from France, Mr N.K. was arrested and placed in a detention centre. His request for the re-examination of his asylum application was rejected by the OFPRA on 4 February 2011, at which point he requested the Court to indicate an interim measure under Rule 39 of its Rules of Court. The Court accepted his request and indicated to the Government not to proceed with N.K.'s removal. On 13 July 2011 the CNDA dismissed Mr N.K.'s appeal against the OFPRA's decision of 4 February 2011. Mr N.K. alleged that, if the removal order against him was to be executed, he risked sustaining treatment in breach of Article 3 (prohibition of inhuman or degrading treatment).

Violation of Article 3 – in the event of the applicant's being removed to Pakistan

Interim measure (Rule 39 of the Rules of Court) – not to remove the applicant to Pakistan – still in force until judgment becomes final or until further order

Judgement only available in French

UKBA: Operational Guidance Note: Egypt
This document provides Home Office caseworkers 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. Caseworkers must refer to the relevant asylum instructions for further details of the policy on these areas.

1.2 Caseworkers 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. <>Refworld 19/12/13

M.Y. Must Stay!

M.Y. - originally from Taiwan - was detained on Tuesday 10th December, "Human Rights Day", and held at Newport Central Police Station. She became ill with stress on a number of occasions and was been held with limited access to a phone and effectively cut off from her friends and community.

The trauma, distress and despair she has suffered, through being removed from her life in Newport, and the prospect of being deported to Taiwan against her will, led to her twice being admitted to hospital, both times under the custody of Gwent Police, acting in place of UKBA/Home Office.

On Saturday, a second attempt to take her to a detention centre was successful, but came later than expected, as 25 people, including many friends, came to show solidarity with her while she was in the Police Station.

She was taken in handcuffs to Colnbrook Immigration Removal Centre/prison, near Heathrow. When she arrived a group of people had headed there to support her. They chanted her name and other supportive chants that she heard as the van was driven in through the gates. When asked about them, our friend said "they're here for me, my friends".

After one night in Colnbrook she was taken late at night to Yarl's Wood Immigration Removal Centre/prison. Yarl's Wood is still not a safe space. There is ongoing controversy about the centre and a campaign to close it on human rights grounds.

Her friends in Newport and Cardiff, are still campaigning for her safety - we must save her from deportation - as in Taiwan she could face an unduly long prison sentence, if not torture, or capital punishment. She must be returned to Newport to her friends, and where she belongs.

We hope you can help us in this campaign.

Please let us know of any actions taken:
Helen Aesa <>

What we are Asking you to do!

At the moment we're mainly asking people to email or send letters to the following people:

Theresa May Home Secretary and Mark Harper Minister for Immigration

Please use attached model letter, alter, add you own words, or write you own email to:
Home Secretary Theresa May:

(Fax: 020 7219 1145) or even better, write letters and post to:

The Right Honourable Theresa May, Secretary of State,
Home Office,
2 Marsham Street,


Mark Harper

Please use the letter attached, alter, add you own words, or write your own email to:

Mark Harper, Immigration Minister:, or even better, write letters and post to:

Mark Harper, Immigration Minister
Home Office,
2 Marsham Street,

Asylum Research Consultancy (ARC) COI Update Volume 69
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 4th December and 17th December 2013  - Volume 69  <>here . . .

Self Harm in Immigration Detention - July/August/September 2013 

There were 94 suicide attempts 2 less than the previous quarter

Morton Hall IRC had a 600% increase 13 compared to 2 in the previous quarter

624 Individuals on Formal Self-Harm at Risk 126 less than previous quarter

There was one death: Tahir Mehmood, aged 43 a national of Pakistan: Died in Pennine House STHC on Friday 26th July 2013. 'He was refusing to leave the centre because he feared police torture and detention in Pakistan but the UK Border Agency (UKBA) refused to listen to his pleas for sanctuary in Britain.

'No-Deportations' asked UKBA for figures on self-harm in immigration detention between July and September 2013 inclusive, under the following headings:

1. Number of individuals on formal self–harm at risk.
2. Number of Incidents of self-harm requiring medical treatment.
3. Number of deaths if any.

In Campsfield House, Brook House, Colnbrook, Dover, Dungavel, Harmondsworth, Haslar, Morton Hall, Tinsley House, Yarl's Wood IRC's, any Short Term Hold Centres and Cedars pre-departure accommodation. Their response:

There has been one death at Pennine House Short-Term Holding Facility in July 2013

Number of incidents of Self-Harm requiring medical treatment Q3 - 2013
Total Jul Aug Sep
Brook House 19 13 3 3
Campsfield House 3 1 1 1
Colnbrook 6 4 0 2
Dover 12 2 5 5
Dungavel 0 0 0 0
Harmondsworth 1 0 0 1
Haslar 4 1 0 3
Morton Hall 13 2 5 6
Tinsley House 2 1 1 0
Yarl's Wood 33 9 12 12
Larne 0 0 0 0
Pennine House 1 0 0 1
Cedars 0 0 0 0
  94 33 27 34
Individuals on Formal Self-Harm at Risk in Immigration Detention Q3- 2013
Total Jul Aug Sept
Brook House 251 49 48 33
Campsfield House 63 12 15 13
Colnbrook 213 36 27 41
Dover 60 12 15 12
Dungavel 68 6 9 6
Harmondsworth 247 29 30 19
Haslar 30 6 1 3
Morton Hall 84 13 19 22
Tinsley House 92 22 14 15
Yarl's Wood 184 25 33 39
Larne 0 0 0 0
Pennine House 3 1 2 2
Cedars Pre-departure 14 2 0 2
Subtotal   624 210 211 203


British Nationality [Children born before 1 July 2006]

Mr Bain: To ask the Secretary of State for the Home Department what her policy is on children born before 1 July 2006 being permitted to acquire UK citizenship on the basis of their father's UK nationality, where the father is not married to the child's mother, and the mother is not a UK national, but residing in the UK. [154173]

Mr Harper: If the child was born in the UK he or she will be a British citizen if the mother was settled in the UK at the time of the birth.

Children born overseas to unmarried British fathers before 1 July 2006 were unable to acquire citizenship by descent from their father. However, the Home Office will register such people as British citizens if an application is made before their 18th birthday.

Further guidance can be found at chapter 9 paragraph 9.9 of the nationality guidance available on the Home Office website <>here . . . .

Last updated 20 December, 2013