No-Deportations - Residence Papers for All

                                                    News & Views - Monday 25th  June to Sunday 1st July 2012

Sudanese Detainees Enter Second Month of Hunger Strike
Two Sudanese men currently detained in Harmondsworth Immigration Removal Centre in London have been on hunger strike for 37 days in protest against their indefinite detention, and are determined to continue until they are released. Visitors and human rights activists supporting their cases are extremely concerned for their health.
Read more: Campaign to Close Campsfield, 29/06/12

Thirteen Sudanese Asylum Seekers Starve their Way to Fairness
On 24 May thirteen 2012 Darfuri men at an immigration removal centre, named Campsfield House, went on hunger strike in protest of their treatment. Each with pre-existing health conditions which made the hunger strike incredibly dangerous, they continued on, refusing to take any nutrients or vitamins into their bodies until they were given the help which they needed to process their asylum claims, gained better treatment and were moved to safer institutions. They did not demand asylum, or threaten the UK should they not be immediately released, but they did ask for a safe resting place, legal representation and immediate healthcare.
Read more: Helen Robb, New Statesman, 26/06/12

Human Rights (Kashmir)
Most estimates put the Indian army present in Jammu and Kashmir since democracy was suspended there in 1987 at between 500,000 and 600,000. The estimate of the number of people who have died largely if not exclusively as a result of the behaviour of the Indian army—there has also been terrorism on the side of Pakistani and Kashmir militants—is put at between 60,000 and 80,000. Indian soldiers and security forces operate under the Armed Forces (Special Powers) Act—one of the most iniquitous laws anywhere in the world—which prevents effective prosecution of actions undertaken in the name of Indian security in the region. Those 60,000 to 80,000 people killed—the equivalent of 10 Srebrenicas—represent far more Kashmiri Muslims dying at the hands of the Indian army than all the Palestinian Muslims who have been killed in the middle east conflicts of the past decade, and yet the world is silent.
Read more: House of Commons / 27 Jun 2012 : Column 99WH

Immigration: Detention
. . . . . There is at present no single manual or standardised material used for training medical practitioners or other healthcare staff in immigration removal centres on the application of Rule 35.

Case owners are trained to consider all material facts on a case by case basis. The instructions available to assist case owner decision-making are grouped under "Policy and Law" on the UK Border Agency website, including guidance on how to assess Rule 35 reports and the required actions.

A revised Detention Services Order on Rule 35 of the Detention Centre Rules 2001 is under development and will be published when ready.
House of Lords / 27 Jun 2012 : Column WA72

Stop UK Enabling Shell's Human Rights Violations in Nigeria
Shell has a murky history in Nigeria, where it has a practical monopoly on the country's oil. The multinational's environmental infractions in Nigeria are well documented, with spill after spill ruining ecosystems and people's lives. There have been over 2,000 oil spills in the Niger delta, many extremely serious. Clean up and compensation has been scanty, when it exists at all.

In a US court case, the corporation is also accused of "aiding and abetting" gross human rights violations. The UK Government has decided to intervene in the case on Shell's behalf, based on a very narrow (but convenient) interpretation of international law.

This interpretation of international law is a deeply suspect act on the part of the UK Government. Tell the UK Government that it should not be trying to help multinationals get away with human rights violations and to withdraw its support immediately.
You can sign the petition Here . . . .

UK Ready to take on Israel Over Fate of Children Clapped in Irons
The Foreign Office revealed last night that it would be challenging the Israelis over their treatment of Palestinian children after a report by a delegation of senior British lawyers revealed unconscionable practices, such as hooding and the use of leg irons.

In the first investigation of its kind, a team of nine senior legal figures examined how Palestinians as young as 12 were treated when arrested. Their shocking report Children in Military Custody details claims that youngsters are dragged from their beds in the middle of the night, have their wrists bound behind their backs, and are blindfolded and made to kneel or lie face down in military vehicles.
Read more: Terri Judd, Indpendent, 27/06/12

UNHCR: A Framework for the Protection of Children
Almost half of all forcibly displaced persons globally are children – over 12 million girls and boys1.
Many refugee children spend their entire childhood in displacement, uncertain about their future. Children – whether refugees, internally displaced or stateless – are at greater risk than adults of abuse, neglect, violence, exploitation, trafficking or forced recruitment into armed groups. They may experience and witness disturbing events or be separated from their family. At the same time, family and other social support networks may be weakened and education may be disrupted. These experiences can have a profound effect on children – from infancy and childhood through to adolescence. During emergencies and in displacement, girls face particular gender-related protection risks.
Refworld, 26/06/12

UKBA Operational Guidance Note: India
This document provides UKBA case owners with guidance on the nature and handling of the most common types of claims received from nationals/residents of India, 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.
Refworld: 26/06/12

Making a Zambrano Application

The criteria for making a valid application were (and remain) that the applicant submit:

evidence that the dependent national is a British citizen;

evidence of the relationship between the applicant and the British citizen; and

adequate evidence of dependency between the applicant and the British citizen.
Read More: Free Movement, 25 June 2012

Appealing a Zambrano 'Decision'
Following on from the last post on Zambrano (Tuesdays bulletin), the position of the UK Border Agency is that a decision that a Zambrano application is invalid cannot be appealed to the immigration tribunal. Whether this is correct in law is questionable and in several cases Judges of the First-tier Tribunal Immigration and Asylum Chamber have held that there is a right of appeal against such decisions.

Is there a right of appeal? The right of appeal in EEA rights and decision cases usually originates in paragraph 26 of the Immigration (EEA) Regulations 2006 ('the regulations'):
Read more: Free Movement, 26 June 2012

Lemlem, Still Here, Still Fighting

Removal was stayed after intervention by her MP Paul Blomfield who will meet with the Home Secretary on Tuesday 26th June to discuss Lemlem's case.

Mr Blomfield said: 'The minister has agreed to meet me and the Bishop of Sheffield next week and to halt Lemlem's deportation until then. I told him of the support Lemlem has in this city and that it would shame the UK to deport an elderly, disabled woman to a country where she has no links.'

Many thanks to all who have taken actions

Friends of Lemlem / Elizabeth Larminie <>

Switzerland: 5,000 March Against Tougher Asylum Laws
Nearly 5,000 people have taken part in a demonstration in Bern against tougher Swiss asylum laws. The protest was organised by unions, political parties and human rights groups critical of "repressive tendencies" in asylum matters. The protest came just over a week after the House of Representatives backed a series of measures including cutting social benefits to asylum seekers, restricting family asylum rights and creating special centres for "uncooperative" asylum seekers.

Saturday's protestors marched from Bern's train station to parliament, with a representative of the forum for the integration of migrants addressing the crowd and calling for action against their discrimination, marginalisation and exploitation.
Read more:, 24/06/12

Historic Win Under Article 8 ECHR in Extradition Appeal
The Supreme Court has given judgment in extradition appeals concerning the rights of children when their parents face extradition. One of these appeals, for Mrs F-K, a mother of five children, has been unanimously allowed by the Court. This is a historic win and is now one of the very few cases in which extradition has been halted on Article 8 grounds. These appeals together clarify how the courts are to approach Article 8 and UNCRC issues in the extradition context, and make clear that the courts approach to extradition cases should not be "radically different" to expulsion cases.
Read more: Doughty Street Chambers, Wednesday 20th June, 2012

Detainees on Hunger Strike in Harmondsworth IRC
News filtering out of the detention estate say that a number of detainees in Harmondsworth have been on Hunger Strike for three days. No contact as yet with the protestors, so not able to say, what nationalities are involved or what their demands are. If anyone on list is in contact with the protestors or has definitive information please get back to 'No-Deportations', make clear that what you send can or cannot be put in the public domain.



Johnson Kalu Back in Manchester
Hi, good news Johnson was been released yesterday (Wednesday 27th June) on bail and after bail the judge ask his barrister to contact the ambulance and take him to hospital so he spent the whole day there until 5:00pm.

He wasn't given any travel warrant to get back to Manchester so I had to call some friends to borrow us some money and buy him a ticket to bring him home. At the moment he is still weak but the Dr said he needs more fluids to improve his kidneys because in his blood test it shows his kidneys has been affected. So thats the update but I will keep you all posted on what is happening.

Myself and Johnson just want to say thank you for all the support and emails that we have received. Sofia Kalu <>

Lemlem Back in Sheffield Where
Lemlem was released from Yarl's Wood IRC Tuesday night as the result of an earlier meeting between Labour MP Paul Blomfield, Sheffield priest Father Shaun Smith and Damian Green the Immigration Minister
Read more here . . . .

Northern Ireland  -  Christian Against Christian
The history of attempts to end communal violence in Northern Ireland since the 1960s is sobering for all who claim for Britain some unique genius for domestic harmony, one that it is entitled to visit on Yugoslavs, Iraqis, Afghans, Libyans and others alike. At least until recently, each hesitant dawn has been followed by bloody dusk. From the collapse of power-sharing in 1974 to its stuttering resumption in Gordon Brown's "second Good Friday" in 2009, London's attempt to bring peace to Northern Ireland has demonstrated the maxim that no corner of the British empire is ruled so ineptly as one that is closest to hand.
Read more: Simon Jenkins,, Tuesday 26 June 2012

The 'War on Women' being Waged in Afghanistan
The West's planned withdrawal from Afghanistan is emboldening the Taliban to impose their brutal, medieval restrictions on women's freedoms.

Barack Obama and Mitt Romney have accused one another of waging a "war on women" in America. But both are silent on the real war against women being waged by the Taliban in Afghanistan. With the 2014 deadline for the withdrawal of US and Nato troops edging closer, they have become more aggressive in their preparation for taking back control. Recently the Taliban forced the closure of 600 schools in two eastern provinces where it has retained control, as part of its campaign to close as many girls' schools as possible ahead of 2014.
Read more: Emily Dyer, The Telegraph, 26/06/12

UKBA: Operational Guidance Note: Sudan
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 Republic of the Sudan (aka North Sudan), 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. At present there is no justification for an OGN for the Republic of South Sudan.
Refworld, 26/06/12

US Court block parts of Arizona law but uphold immigration checks

Obama wins partial victory on SB1070 law, but supreme court leaves in place controversial 'show-me-your-papers' measure

Barack Obama won a partial victory on Monday when the supreme court struck down key parts of Arizona's draconian anti-immigration laws, though it left in place the hotly contested part of the legislation that Latinos claim will result in racial profiling.

By a majority of five to three, the court blocked implementation of several components of the SB1070 law on the grounds that the federal government had broad powers for setting immigration policy, not individual states.
Read more: Guardian, 26/06/12

Life in Limbo for UK's Irregular Migrant Children and Families
The Obama administrationÕs recent decision to suspend deportations and grant renewable residence permits to young ÔillegalÕ migrants brought up in the United States will benefit up to 800,000 young people. Meanwhile, the UK government offers no solution for its 120,000 irregular migrant children.
Read more: Open Democracy, Nando Sigona, 24 June 2012

Garden Court Chambers - Immigration Law Bulletin - Issue 280

Johnson Kalu Captured by UKBA on Hunger Strike in Colnbrook
Hi everyone my husband Johnson Kalu has been detained yesterday (Wednesday 20th June) as he went to report. He was having an appointment for his bail review and was told by UKBA officials that there is no immigration officer to review his bail and that he must come another day.

So when he went to collect is mobile phone 12-14 immigration officers was waiting for him and told him that they will detain him and they handcuffed him immediately. He told me he collapse when he open his eyes on top of him was an officer who told him that nothing will stop them from taking him to detention.

Last year while he was still in detention (nine months) his solicitor make a fresh claim for him in October and send it to the UKBA via record delivery in Liverpool and was waiting for a reply and then apply for bail he also has an outstanding Judicial review for unlawful detention but to know avail they still take him for a interview with the Nigerian Embassy.

Johnson is now in Colnbrook IRC and he has been refusing food for three days now. He has not been served with Removal Directions as yet.

I still have nightmares from when I was captured by UKBA (September 2011) and incarcerated in Yarl's Wood and was more than glad to get out of that hell hole.

I am so confused and very hard up now for all the injustices.

Sofia Kalu <>
Background: Johnson and Sofia Must Stay

Silencing Voices Against Homophobia Violates Human Rights

Recent months have seen renewed efforts in some Council of Europe member states to silence voices against homophobia and transphobia. Laws banning information about lesbian, gay, bisexual, transgender and inter-sex (LGBTI) issues mark a worrying step back towards a bygone era when homosexuals were treated like criminals. These efforts to curtail freedom of expression and assembly run starkly against international and European human rights standards.

The targets of these measures have not only been LGBTI activists, but also those expressing solidarity with their struggle for equality and others who have sought to disseminate factual information about sexual orientation and gender identity.
Nils Muiznieks, Commissioner for Human Rights 21/06/12


Last updated 2 July, 2012