No-Deportations - Residence Papers for All

                                        News & Views Monday 9th June to Sunday 15th June 2014

There were 740 detainees held in prison establishments solely under Immigration powers, week commencing 31 March 2014

Bangladesh: Violence Against Women, Causes And Consequences
Inequality and power imbalances between men and women are among the root causes of violence against women in the country. This is underpinned by the persistence of patriarchal attitudes towards women, as well as stereotypical views regarding their roles and responsibilities. More than one third of men and women in Bangladesh reportedly believe that wifebeating is justified in specific circumstances.1 In addition, the misinterpretation of religion is also often used to discriminate and/or justify acts of violence against women.

Many women in Bangladesh face multiple and intersecting forms of discrimination, including women with disabilities, indigenous and minority women, and migrant workers. Regrettably, comprehensive disaggregated data on all forms of violence against women is still largely unavailable in Bangladesh,3 despite widespread acknowledgement that violence against women is of serious concern across the country.

Domestic violence in all its manifestations is the most pervasive form of violence against women, with an estimated 60 per cent of married women reported having ever experienced violence at the hands of a spouse and/or in-laws.4

Published on Refworld, <> 11/06/14

India: Violence Against Women, its Causes And Consequences
Violence against women in India is systematic and occurs in the public and private spheres. It is underpinned by the persistence of patriarchal social norms and inter- and intragender hierarchies. Women are discriminated against and subordinated not only on the basis of sex, but on other grounds, such as caste, class, ability, sexual orientation, tradition and other realities. That exposes many to a continuum of violence throughout the life cycle, commonly referred to as existing "from the womb to the tomb". The manifestations of violence against women are a reflection of the structural and institutional inequality that is a reality for most women in India.

Violence against women in the family - According to numerous interlocutors, the physical, sexual and psychological abuse of women in the private sphere is widely tolerated by the State and the community. The perpetrators include husbands, in-laws and other family members. Many victims live in family settings that are rooted in deeply entrenched patriarchal and customary practices that are sometimes harmful to women. The widespread socioeconomic dependency of women subordinates them to their husbands and other family members. The fear of social exclusion and marginalization, and the lack of effective responses to violence, keeps them in a context of continuous violence and intimidation.

Violence and killings linked to dowry payments are alarming across the country. Data from the National Crime Records Bureau reflect an increasing trend of crimes reported under the Dowry Prohibition Act since 2008, and a significant increase in such crimes since 2010.

Published on Refworld, <>11/06/14

Israel: Killing of Children Apparent War Crime
Video footage, photographs, witness statements, and medical records indicate that two 17-year-old boys whom Israeli forces shot and killed on May 15, 2014 posed no imminent threat to the forces at the time. The boys, who had been participating in a demonstration in the West Bank, were apparently shot with live ammunition, Human Rights Watch said.

Video footage clearly shows Israeli soldiers firing in the direction of the boys, Nadim Nawareh and Mohammed Salameh, and the boys falling to the ground. Medical records indicate that the two boys, as well as 15-year-old, Mohammed Azza, whom Israeli forces also shot and seriously wounded, suffered wounds to the chest caused by live ammunition. Nawareh and Salameh were shot right through the chest. Witnesses told Human Rights Watch they heard the sound of live ammunition being fired, quite distinct from the sound of rubber bullet fire, at the time the three boys were shot.
Read more: Human Rights Watch, <> 09/06/14

Cancel Harriet Nakigudde's Removal Directions Now
Ms. Nakigudde is currently under immediate threat of removal back to Uganda and at risk of imprisonment and torture upon arrival. She has received removal directions for Tuesday the June10, 2014, even though she has a pending Judicial review application in the High Court .

Harriet Nakigudde is a 30 year old lesbian, from Uganda, who fled harassment, discrimination and persecution by her own family as well as the general public, including the government. She sought protection in the UK on the basis of fearing for her life because of her sexuality, as a lesbian. And true to form, the United Kingdom once again is rejecting a lesbian, based on their belief that she is not a lesbian. Thus keeps happening. And we are reminded of the actual death that did occur when the UK Home Office successfuly deported lesbian Jackie Nanyonjo.

When the Government tried to remove her on a previous occasion, May 17, this year, Harriet, so severely traumatized, collapsed while boarding the plan. This is indeicative of the extreme nature of her terror in going back to uganda, especially now that the punitive measure for LGBT people have increased so dramatically by virtue of the new Anti-homosexuality Acct, made law March 10, 2014. She could face 14 years to life in prison for being a lesbian.

The Home office denied her asylum on the basis that she did not get into a relationship whilst in the UK for the period of 5 years she has been here. Harriet was asked what she used to do sexually with her partner in private, even though she explained to them briefly, she feared and was humiliated at the encroachment on her privacy. The Home office also used this against her. These are the kind of questioning the Home Secretary promised to review.

We urge the Home Secretary to cancel Harriet's removal direction immediately, give the courts a chance to review her case without any interference from the state. Harriet should also be released from Yarlswood detention immediately where she has been since March 2014. She should be given legal representation immediately. She should be given time gather more evidence. She is in a severe state of trauma and needs to be with members of her community above all get adequate support.

Please write to the UK Home Office

Quoting: Harriet Nakigudde / Home Office reference: N1999529

Emails to:
"CIT - Treat Official" <>

Sign On Line Petition <> here . . . .

3.5m Children Predicted to be in Poverty by 2020
The level of child poverty in Britain is Òa stain on our national conscienceÓ, leading charities have said as a Government adviser warns today that its reforms are failing to tackle the problem. While the economy may be improving and home-owners are benefiting from rising prices, a shocking report published today by the nationÕs social mobility tsar predicts that Britain will have 3.5 million children living in poverty by 2020.

In further evidence of the hardship faced by families across the country, a separate study to be published today shows that food charities provided more than 20 million meals last year to people in the UK who could not afford to feed themselves. The figure, from Oxfam, Church Action on Poverty and the Trussell Trust, represents a 54 per cent increase on the previous year.
Read more: Emily Dugan, Independent, <>09/06/14

A court's review of an extension of detention must permit it to substitute its own decision for that of the authority which ordered the initial detention of an illegally staying third-country national

In addition, any extension of detention must be in writing, with reasons being given in fact and in law, and be subject to a review of legality by a court

Judgment in Case C-146/14 PPU - Bashir Mohamed Ali Mahdi

On 9 August 2013, Mr Bashir Mohamed Ali Mahdi, a Sudanese national without a valid identity document, was arrested in Bulgaria. Mr Mahdi was taken to a special detention facility pending implementation of the administrative measures ordering his removal from Bulgaria. On 12 August 2013 Mr Mahdi signed a statement that he would return voluntarily to Sudan.

Mr Mahdi subsequently went back on his statement. The Sudanese Embassy confirmed Mr Mahdi's identity but refused to issue him with travel documents because he was not willing to return to Sudan. Following an initial period of detention, the Bulgarian authorities brought proceedings before a Bulgarian administrative court seeking to have the detention extended: they relied, in particular, on the risk of Mr Mahdi absconding and on a lack of cooperation on his part.

Against that background the Bulgarian court has referred a number of questions to the Court of Justice for a preliminary ruling. The first two questions concern procedural matters, namely (i) whether, when it re-examines the situation of the person concerned at the end of an initial period of detention, the competent administrative authority must adopt a measure in writing with reasons being given in fact and in law and (ii) whether the review of the legality of such a measure requires that the court having jurisdiction be able to give a decision on the merits of the case.

Alleged Abuse Of Migrant Minors By US Border Patrol
An alliance of immigration and civil rights organisations have filed a complaint to the Department of Homeland Security's inspector general on behalf of more than 100 unaccompanied migrant children, some as young as five, alleging abuse by US Customs and Border Protection, in a document which they say reflects a "humanitarian crisis" at the border.

The groups, who have urged the DHS to investigate the allegations, say the documented reports reflect "widespread and systematic" abuse of such children in border agency custody, and warned that the crisis is compounded by the recent surge in unaccompanied migrant minors to the US.
Read more: the Guardian, <> 11/06/14

Verne Prison [When a prison is not a prison or an IRC]
Sarah Teather: To ask the Secretary of State for Justice what assessment he has made of the ability for individuals detained for immigration purposes at HM Prison The Verne to access (a) legal and (b) health services.

Jeremy Wright: HM Prison The Verne started taking immigration detainees from 24 March 2014 as scheduled. The National Offender Management Service (NOMS) will retain The Verne as a prison in the short term.

While The Verne retains its designation as a prison it will be governed by Prison Rules rather than Detention Centre Rules. Detainees held at The Verne are treated in the same way as other detainees held within the prison estate. As such they have access to appropriate heath care and legal advice. Independent immigration advice is provided on site by Migrant Help. In addition, detainees are able to telephone Detention Action, and BID (Bail for Immigration detainees).
House of Commons / 10 Jun 2014 : <>Column 70W

Migrants in Texas Federal Prisons Subjected to 'Shocking Abuse'
In a report, released today, on the five Texas prisons, 'Warehoused and Forgotten: Immigrants Trapped in Our Shadow Private-Prison System, the ACLU claims that the BOP policies discriminate against non-citizen inmates and that prisoners are "subjected to shocking abuse and mistreatment." Between 2009 and 2014, the ACLU visited all five Texas prisons, interviewed hundreds of prisoners and their families and reviewed contracts, medical records and other documents held by the Bureau of Prisons. The report describes BOP policies that incentivize overcrowding, indiscriminate use of solitary confinement, and extreme cost-cutting measures that have led to both the death of prisoners and an unusually high number of riots among low-security inmates. The report claims that immigrant prisoners in these facilities have far less access to educational programming and rehabilitation services than their citizen counterparts, raising questions about how America's unequal treatment of non-citizen inmates.
Read more:, <>Tuesday 10 June 2014

Murder And Rape Ever-Present Threats in DR Congo
Congolese soldiers march through the night, but not towards battle. In the dark, they are hunting for women who have fled their homes in Minova to hide in the bushes. The women know that if they are seen, they will be raped and maybe killed. The army has been ordered to retreat to the town, in the eastern Democratic Republic of Congo. Its young soldiers, 2,000 of them, fire gunshots in the air. The commander gives an order. "Go and rape women," he says. The soldiers obey. "It's true that we raped here. We found women because they can't escape. You see her, you catch her, you take her away and you have your way with her," says one soldier later. "Sometimes you kill her. When you finish raping then you kill her child. When we rape, we feel free."
Read more: Kitty Knowles , Chiara Rimella, Indpendent, <> 08/06/01

25 Years of Repression in Sudan - 3 Years of Killing in Nuba

Tell Bashir It's Time To Go!

Join us outside Downing Street on Saturday 21st June 2014 at 1:00pm

Where we will present a letter to Prime Minister David Cameron, before we move ...

to The Sudanese Embassy (3 Cleveland Row, London SW1A 1DD) at 3pm

All Welcome : Join us in asking for an end to the Khartoum regime which for 25 years, has continually failed its citizens!

June 2014 marks a quarter of a century since the coup that brought President Al Bashir of Sudan to power. Since then, his regime has proved corrupt and repressive. A genocidal campaign, begun more than 11 years ago, continues to rage in Darfur. Since 2011, civilians in South Kordofan and Blue Nile States have faced daily violence and aerial bombardment. A humanitarian crisis is growing across the country - often the government denies assistance to starving civilians. Freedom of speech and abuse of human rights are at an all-time low and protesters are shot on the capital's streets.

Waging Peace is a human rights organisation which campaigns against genocide and systematic human rights violations in Sudan. Our experienced team produces regular in-depth research reports which enable us to support the call for urgent, effective and measurable action from the UK government and the international community. We work closely with decision-makers and the public to raise awareness of the human rights situation in Sudan.

Shen (Paper Appeals; Proving Dishonesty)

31. . . . . . we therefore conclude that the FtT erred in law in a manner material to the decision. The Tribunal erred in both failing to set out the test for dishonesty which was being applied to the facts and in inferring from the facts before it that they amounted to dishonesty.

32. The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.

33. We set aside the decision.

34. We re-make the decision in the appeal by allowing it.

(1) In terms of the approach that a tribunal should adopt towards decisions of the Secretary of State in which dishonesty or deception is alleged against an applicant for leave to remain, the starting point should be, as the Court of Appeal in Adedoyin (formerly AA (Nigeria) v SSHD) [2010] EWCA Civ 773 have made clear, that pursuant to paragraph 322 of the Immigration Rules, the reference to "false" means "dishonestly" false.

(2) Where an application form etc is false in a material way, this may be relied on by the Secretary of State as prima facie evidence establishing dishonesty. The inference of deliberate deception can be strengthened by other facts: eg if a criminal conviction (not disclosed in an application) occurred shortly before completion of the application form. Here, the conviction must have been high in the applicant's mind and any explanation based on oversight would carry little weight. But it is always open to an appellant to proffer an innocent explanation and if that explanation meets a basic level of plausibility, the burden switches back to the Secretary of State to answer that evidence. At the end of the day the Secretary of State bears the burden of proving dishonesty.

(3) The internal organisational decision by the Secretary of State not to engage with paper appeals means that the appellant's evidence goes unchallenged. In that regard, it must be remembered, that in the absence of evidence from the Secretary of State putting the appellant's prima facie plausible explanation into doubt, it would be wrong to find dishonesty. Thus, in view of the possible evidential difficulties confronting a judge when deciding a paper application, where the appellant's evidence is not met (see para (2) above), a tribunal should be slow to find dishonesty, particularly without hearing evidence and submissions on the point from the appellant and/or the Secretary of State.

(4) A finding of dishonesty can have catastrophic consequences for the appellant in social and economic terms and is not to be made lightly. Thus, in a paper case, if a judge entertains doubts as to the appellant's account, he or she should be mindful of the powers of rule 45 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 to give directions regarding supporting documentary evidence, or for the Secretary of State to respond to the appellant's evidence as she considers appropriate.

Full text here . . . . :

Last updated 14 June, 2014