No-Deportations - Residence Papers for All

                                                    News & Views - Monday 2nd July to Sunday 8th July 2012

Third Attempt to Remove Ediage Valerie Ekwedde
Please can you help campaign against the removal of Ediage Valerie Ekwedde. Currently detained in Colnbrook IRC and due to be forcibly removed from the UK on Virgin Atlantic flight VS657 from Heathrow T3 @ 22:45 Tuesday 14th August 2012 to Accra for onward transport to Cameroon.

Valerie is a gay man who has been in no doubt about his sexual orientation since the time of his school days, when he was expelled for this very reason. He tried since then to hide his sexual identity but made the mistake of drinking too much at his birthday party in a bar in Yaounde, which resulted in a public embrace between him and his partner. They were attacked by an angry crowd and taken to the police station.

Because they were both still bleeding from their injuries after two days, they were told they could be taken to the hospital if they had some money. They gave the officer all they had. Fortunately when they arrived at the hospital he just left them there and they were able to make their escape.

He was helped to come to the UK and has been living in Coventry, attending a men's group and frequenting a gay club, but the Home Office do not believe he is a gay man, in spite of having seen a copy of an arrest warrant that was issued for him. In it he is indicted for the crime of homosexuality under section 347 of the Penal Code. This arrest warrant has since been verified by a police officer in Cameroon.

His UK partner has now written to the Home Office to confirm they have been in a relationship and other letters from supporters are being submitted.

Cameroon urged to overhaul laws criminalizing gay relationships   
Laws criminalizing consensual same-sex relationships must be repealed by the Cameroonian government, Amnesty International said as it called for the release of those currently in prison for homosexuality, "It is time to end the arrest, detention, prosecution and other forms of persecution and discrimination against people perceived or known to be gay, lesbian, bisexual or transgender," said Erwin van der Borght, Amnesty International's director for Africa       
Refworld, 5 March 2012

On Tuesday 1st May the Foreign and Commonwealth Office (FCO) published their annual report on Human Rights and Democracy in which they mention having been instrumental in EU efforts to raise human rights concerns with the government of Cameroon, including those of LGBT people. We hope that the Home Office will not be instrumental in returning Valerie back to what they know is a potentially life threatening situation this weekend.

Messages of support can be sent to Valerie on Mo: 074 3834 5228. Copies of any of the letters and emails you send or feedback on the response you get, can be sent to his Email: dgvalery@yahoo.co.uk

What You Can Do To Help:

1) Please fax/phone/email, Richard Branson, owner of Virgin Atlantic and ask him not to carry Ediage Valerie Ekwedde on  Virgin Atlantic flight VS657 from Heathrow T3 @ 22:45 Tuesday 14th August to Accra for onward transport to Cameroon. model letter <EdiageValerieEkweddeVA.doc> attached.

Richard Branson
Virgin Atlantic Customer Relations
PO Box 747 Dunstable LU6 9AH
Head Office: 0844 811 0000
Fax: 0844 209 8708
customer.services@fly.virgin.com

2. Please fax/Email, Secretary of State for the Home Office, Rt. Hon Theresa May, MP. Ask her to exercise her discretionary powers to stop the flight, and release Ediage Valerie Ekwedde from detention and grant him protection in the UK. You can use the attached model letter <EdiageValerieEkweddeTM.doc> or alternatively write your own one. Please remember to quote Ediage's Home Office Reference number in any correspondence: E1097317

Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St
London SW1 4DF
Fax: 020 7035 4745

Emails:
pscorrespondence@cabinet-office.x.gsi.gov.uk
CITTO@homeoffice.gsi.gov.uk
Privateoffice.external@homeoffice.gsi.gov.uk

Please let the campaign know of any actions:
no-deportations@no-deportations.org.uk

dgvalery@yahoo.co.uk


Action Against Changes to Immigration Rules

Demonstration 4:30 pm Monday 9th July
Home Office
Marsham Street
London SW1 4DF

Called by Migrants Rights Network and JCWI

Action for ESOL calls on you to Take Action!
Why? The government has announced changes to family immigration rules which will stop UK residents on lower incomes from bringing their spouses to the UK. Spouses who are allowed into the UK will have to wait five years and be forced to sit an Entry 3 ESOL exam and take the Life in the UK test in order to get settlement. This is unfair and discriminatory. Action for ESOL is joining JCWI (Joint Council for the Welfare of Immigrants) and the Migrants Rights Network in taking action against the changes.

Bring: colleagues, friends, outrage and wedding gear (optional)
Action for ESOL


UKBA 'planned to worsen health of mentally ill asylum seeker'
Home Office officials planned to worsen the health of an Iraqi asylum seeker who had a mental illness in the hope of putting pressure on him to leave the UK, the high court has heard.
Read more: Diane Taylor, guardian.co.uk, Thursday 5 July 2012


Worst of the Worst 2012 - World's Most Repressive Societies
Brutal dictatorships rule almost one quarter of the worldÕs population and are deeply entrenched, according to a new Freedom House report released today. Worst of the Worst 2012: The World's Most Repressive Societies shows that these regimes keep a tight grip on power by eliminating political opposition, emasculating civil society, and silencing their critics.

Worst of the Worst highlights those countries that earned the lowest possible scores (Worst of the Worst) or fell just short of the bottom scores (On the Threshold) in Freedom in the World 2012, Freedom HouseÕs annual global assessment of political rights and civil liberties. Nine countries and two disputed territories were designated as the Worst of Worst: Equatorial Guinea, Eritrea, North Korea, Saudi Arabia, Somalia, Sudan, Syria, Turkmenistan, Uzbekistan, Tibet and Western Sahara. Seven countries and one territory were deemed to be ÒOn the ThresholdÓ: Belarus, Burma, Chad, China, Cuba, Laos, Libya, and South Ossetia.

The regimes, sadly, are very durable. They have lasted on average for more than 37 years without any meaningful transfers of power to competing political parties, said Daniel Calingaert, vice president of policy and external affairs at Freedom House. This report serves as a call to action for the international community to focus on the countries that perpetrate the most egregious human rights abuses.
Read more: Freedom House


'Keep Elijah Safe' in South Wales
New group Cardiff Migrant Solidarity have set up an anti-deportation campaign for Chijioke Elijah, A Nigerian Activist who was arrested in Bridgend on Tuesday 26th June. Chijioke is currently being detained at Colnbrook IRC and has been given removal directions for the Thursday 5th July by Charter Flight @ 23:00 hrs that is due to land in several African countries, Lagos, Nigeria first stop.

Chijoke was forced flee Nigeria in 2005 following an extremely violent attack on him, which left him scarred and unconscious. He believes this was as a result of his activity with MASSOB, a political organisation that works for the resurgence of the state of Biafra from Nigeria. His family and friends are extremely concerned that he may be deported to Nigeria imminently and are very worried about his safety there. Recent news articles show that the Nigerian police are regularly using lethal force to control crowds at MASSOB protests.

For the past two years Chijioke has been engaged to Lisa, a British citizen. Lisa and Chijioke are very much in love and Lisa's family has welcomed Chijioke with open arms. If Chijioke is returned to Nigeria his relationship with Lisa will be torn apart. With children and grandchildren in the UK Lisa is unable to relocate to Nigeria to be with Chijioke.

Chijioke would also be at risk because of the recent attacks on Christians in northern Nigeria. After an attack by gunmen at the start of the year, which killed over 20 Christians, the radical Islamist sect Boko Haram told all Christians to leave Gombe state, where the attack took place. As a pastor in his former church, Chijioke would be particularly at risk as attacks on Christians in Nigeria are increasing.

Nigeria is a failed state, rated 14th worst country in the world:  A state having little or no governance, endemic corruption, profiteering by ruling elites, very poor Human Rights, the government cannot/will not protect the population from others or itself, massive internal conflict, forced internal/external displacement, institutionalised political exclusion of significant numbers of the population, progressive deterioration of welfare infrastructure (hospitals, clinics, doctors, nurses) not adequate to meet health, needs, progressive economic decline of the country as a whole as measured by per capita income, debt, severe child mortality rates, poverty levels.

Cardiff Migrant Solidarity is calling for people to write letters to the Home Office on his behalf to try and reverse the decision to deport him to Nigeria.

Email/Fax Theresa May, Home Secretary
Ask her to exercise her discretionary powers to stay the removal and release Chijioke Elijah from detention and to grant him protection in the UK. Download model letter, ChijiokeElijah TM.doc or alternatively write your own one. Please remember to quote Chijioke's Home Office Reference number C1209831 in any correspondence.

Fax: 020 7035 4745

Emails:
mayt@parliament.uk
pscorrespondence@cabinet-office.x.gsi.gov.uk
CITTO@homeoffice.gsi.gov.uk
Privateoffice.external@homeoffice.gsi.gov.uk

Please inform the campaign of any actions taken:
keepelijahsafe@gmail.com and cardiffsolidarity@riseup.net
Many Thanks,
Cardiff Migrant Solidarity
142 Clifton Street, Cardiff
029 2132 8337

Cardiff Migrant Solidarity is a new group supporting refugees, migrants and Sans-Papier; fighting against racism and repression in South Wales


Second Attempt to Deport Trevor Chanetsa to Zimbabwe
Zimbabwean activist with long-term British partner
facing removal on Kenya Airways flight on Wednesday 4 July
See NCADC campaign page here . . .


Iraqi Parliament Refuses to Accept Nationals Deported from Europe
The Iraqi parliament has banned the forced return from Europe of tens of thousands of failed asylum seekers and threatened to fine airlines that take part in deportation programmes. The four-part motion ordered the Iraqi government to refuse to accept forcibly returned Iraqi refugees, to review a memorandum of understanding between Sweden and Iraq regarding the repatriation of Iraqi refugees, to fine companies that returned forcibly deported refugees, and to hold a conference on the issue of Iraqi refugees abroad. The unilateral declaration has already resulted in deportees being turned back at the border, according to the London-based refugee support organisation that has lobbied for the policy change.
Read more: Owen Bowcott, guardian.co.uk, Monday 2 July 2012


Valérie Ediage Ekwedde - Still Here, Still Fighting
A last minute injunction was obtained to keep Valérie here until a decision is made on an application for judicial review. Valerie's solicitor, Hani Zubeidi, argued that the Home Office had made an "irrational and unreasonable decision" when it chose to deport him. "Following the deportation action against him, there has been vast media coverage across the globe with regard to Valérie and his plight," Zubeidi said. "His plight is also reported in a Cameroonian newspaper, explaining that a homosexual is on his way back to Cameroon."

Valérie in an interview with Michel Arseneault of 'Radio France Internationale' said he is delighted with the injunction. "I'm very happy, but I'm still in the immigration removal centre."

Many thanks, to all who took action.

Valérie Ediage Ekwedde / dgvalery@yahoo.co.uk

 

120,000 Migrant Children Living In UK Face Destitution
The government needs to do more to support an estimated 120,000 undocumented migrant children, who are living under the radar within the UK, the Children's Society told MPs at a select committee hearing on Wednesday.
Read more: Amelia Gentleman, guardian.co.uk, Thursday 5 July 2012


South Sudan: 9 Children a Day Dying in Flooded Refugee Camps
For the more than 120,000 refugees currently stuck in the overcrowded camps and transit sites in South Sudan's Upper Nile State, an already desperate situation is quickly becoming worse. The rainy season has turned what was a baked mud wasteland into a swampy, flooded plain, contaminating a water supply that was already stretched thin. Due to the deteriorating hygiene conditions, more and more refugees are becoming sick with malaria, hypothermia, pneumonia and diarrhea. Children have been especially hard-hit by the increasingly unlivable conditions — in Jamam camp alone, every day almost nine children are dying.
Read more: Reliefweb, 05/07/12


From Zimbabwean farm invasions to refugee status? - Definitely Not
SK (Zimbabwe) v Secretary of State for the Home Office 19 June 2012
This case raises the interesting question whether someone who was involved as a member of the ruling Zimbabwe Zanu PF party with farm invasions can be eligible for refugee status. The answer is a definite no: the High Court held that the Upper Tribunal had been entirely correct in finding that a Zimbabwean national, who had beaten farm workers in farm invasions intended to drive farmers and farm workers away from their farms, had committed inhumane acts amounting to crimes against humanity under the Rome Statute art.7(1)(k) and therefore by virtue of the Convention relating to the Status of Refugees 1951 (United Nations) art.1F(a) was excluded from refugee status.
Rosalind English, UK Human Rights Blog, 5th July 2012


Valérie Ediage Ekwedde - Still Here, Still Fighting
A last minute injunction was obtained to keep Valérie here until a decision is made on an application for judicial review. Valerie's solicitor, Hani Zubeidi, argued that the Home Office had made an "irrational and unreasonable decision" when it chose to deport him. "Following the deportation action against him, there has been vast media coverage across the globe with regard to Valérie and his plight," Zubeidi said. "His plight is also reported in a Cameroonian newspaper, explaining that a homosexual is on his way back to Cameroon."

Valérie in an interview with Michel Arseneault of 'Radio France Internationale' said he is delighted with the injunction. "I'm very happy, but I'm still in the immigration removal centre."

Many thanks, to all who took action.

Valérie Ediage Ekwedde / dgvalery@yahoo.co.uk


Continuing Conflicts that Create Refugees - June 2012

5 actual or potential conflict situations around the world deteriorated ands none improved in June 2012, according to the new issue of CrisisWatch

Deteriorated Situations: Afghanistan, DR Congo, Nagorno-Karabakh (Azerbaidjan), Pakistan, Paraguay

Download the full report:  CrisisWatch N°107


Ruhul Anam Released after Four Years, Two Months in Detention

It's Not the Size of the Detainee in the Fight, but the Size of the Fight in the Detainee

Ruhul Anam walked through the gates of Colnbrook IRC @ 17:30 hrs yesterday after four years and two months in immigration detention. He remains in the UK not through the grace of Jacqui Smith and Alan Johnson former Home Secretaries or Theresa May the present, who all tried to deport him and Theresa May is still at it.

He remains in the UK because he fought from day one of his immigration detention, which began on the 14th April 2008. [This was after a period in prison; Ruhul had an extensive criminal history with 41, most of them relatively minor offences resulting in 26 convictions. All of these matters were dealt with in magistrate's courts except for the last offence, which was dealt with by a Crown Court the court imposed a sentence of four years. All of his past convictions, other than the index offences, had become spent under the Rehabilitation of Offenders Act 1974]

Directions were set for Ruhul's removal on 24 April 2008 he was taken onto the plane by escorts, Ruhul became disruptive and was removed from the plane and returned to detention.

And so began a long legal battle between Ruhul and UKBA not because at the outset he had good legal teams he didn't. But because Ruhul was determined that the UK was his home and where he was going to stay, he came to the UK in 1984.

From the moment detainees were given access to the Internet, Ruhul began to educate himself in immigration law and became a lay expert. He was able to instruct his solicitors (and sacked at least two of them) on what matters needed emphasis. He not only advised on his own case but began to help other detainees with out legal representation take their cases to appeal.

Ruhul brought proceedings more than 3 years ago in order to challenge his detention. He relied upon the Hardial Singh principles, and general principles of public law - among them a principle that published policy must be complied with in the absence of good reason not to do so - and Article 5 of the European Convention on Human Rights, that he Secretary of State had unlawfully failed to consider the implications for Mr Anam of departmental policy as regards detention of those who are mentally ill.

And Article 5 became the crux of the matter, UKBA ignored a professional report that Ruhul had problems that could not be treated in a detention environment and further that continuing detention only exacerbated the problem.

Challenges to his detention in previous years, even though Immigration judges found he was unlawfully detained, did not bring release from detention. It was not until a hearing last month 17/18 May, that he finally got victory, though he had to remain in detention until the judgement was handed down this week.

On Wednesday 27th June Mr. Justice Walker in the High Court said:

1) While Mr Anam's detention was unlawful until the decision was taken on 14 August 2009 to continue detention, as regards the period prior to that decision Mr Anam is entitled to no more than nominal damages because during that period those responsible could and would have taken a lawful decision to detain him.

2) Following the decision taken on 14 August 2009 Mr Anam's detention remained unlawful, as neither that decision nor subsequent decisions took account of Professor Katona's *second report dated 22 July 2009, but as regards the period prior to close of business on Thursday 11 February 2010 Mr Anam is entitled to no more than nominal damages because during that period those responsible could and would have taken a lawful decision to detain him.

3) From close of business on Thursday 11 February 2010 Mr Anam's detention was unlawful because it failed to comply with Hardial Singh principles.

4) Subject to any development warranting the contrary conclusion, Mr Anam is now entitled to his liberty.

5) Mr Anam is entitled to substantial damages for his detention from close of business on Thursday 11 February 2010 onwards.

At the hearing on the 17/18th May, Ruhul was represented by Ian Macdonald QC and Ranjiv Khubber, instructed by Wilson Solicitors, instructed by Ruhul Anam.

Vicious in defeat UKBA refused to let Ruhul have unrestricted freedom, they insisted and the Judge allowed it, he will be fitted with a tag, at the moment he is sitting in his mothers house, waiting for Serco to come and fit the tag and will have to report once a week.

Ruhul now has to win his asylum claim, which will be heard next week on the 4/5th July.

Once he has recuperated from his unlawful incarceration, Ruhul will publish his own personal view of what happened.

If you are in contact with anyone in detention who has mental problems the judgement is essential reading, a copy is available from No-Deportations.

Messages of congratulations can be sent direct to Ruhul: ruhul_99@live.co.uk

 

Last updated 12 August, 2012