No-Deportations - Residence Papers for All

                                        News & Views Monday 17th March to Sunday 23rd March 2014

Early Day Motion 1211: Invasion Of Iraq 2003
That this House recalls that it was 11 years ago on 20 March 2003 that the first missiles hit Baghdad, signalling what was dubbed shock and awe, the start of the US-led attack on Iraq in which the UK participated; further recalls that the premise on which the war was launched was that Iraq possessed weapons of mass destruction, based in large part on false dossiers produced by the then Government; notes that there were no weapons of mass destruction as the Iraqi government said at the time and as independent witnesses had verified; believes that this House and the British public were gravely and deliberately misled; mourns the thousands of men, women and children who died as a result of these falsehoods; and concludes that this was the greatest British foreign policy disaster in living memory.

House of Commons: <>20.03.2014

Early Day Motion 1209: Differential Visa Costs
That this House is concerned by the huge differential in the costs of dependents visas; points out that a British citizen is charged £1,906 for a visa for a relative from a country outside the European Union whereas an EU citizen living in Britain is charged just £55 for the same visa; believes that this discriminates against British citizens; and calls on the Government to equalise the cost for all dependents visas at £55.

House of Commons: <>20.03.2014

Foreign Nationals HMP Belmarsh - Inspection Report March 2014

Ten prisoners were held beyond the end of their sentence solely under immigration powers (IS91) – the longest for over four years past his release date.

Foreign national prisoners represented nearly 25% of the population. The foreign national strategy was comprehensive. Induction staff used a telephone interpreting service to interview new arrivals who were non-English speakers, and staff and prisoners sometimes interpreted for non-confidential matters. Induction information was available in several languages. Foreign national prisoners could have free telephone calls but had to apply for these every month with proof that they did not receive visits. Incoming and outgoing mail for most foreign national prisoners was unduly delayed because all mail not written in English from all house blocks holding category A prisoners (house blocks one, three, four, health care and the segregation unit) had to be translated, affecting category A and lower category prisoners alike. This approach might have had some merit but for the fact telephone calls in languages other than English, made from the same wing, did not require translation.

Asylum Research Consultancy (ARC) COI Update Volume 75
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 4th March and 17th March 2014  - Volume 75  <>here . . .

Risk to Christians in China - Apparently None!
(1) In general, the risk of persecution for Christians expressing and living their faith in China is very low, indeed statistically virtually negligible. The Chinese constitution specifically protects religious freedom and the Religious Affairs Regulations 2005 (RRA) set out the conditions under which Christian churches and leaders may operate within China.

(2) There has been a rapid growth in numbers of Christians in China, both in the three state-registered churches and the unregistered or 'house' churches. Individuals move freely between State-registered churches and the unregistered churches, according to their preferences as to worship.

(3) Christians in State-registered churches

(i) Worship in State-registered churches is supervised by the Chinese government's State Administration for Religious Affairs (SARA) under the RRA.

(ii) The measures of control set out in the RRA, and their implementation, whether by the Chinese state or by non-state actors, are not, in general, sufficiently severe as to amount to persecution, serious harm, or ill-treatment engaging international protection.

(iii) Exceptionally, certain dissident bishops or prominent individuals who challenge, or are perceived to challenge, public order and the operation of the RRA may be at risk of persecution, serious harm, or ill-treatment engaging international protection, on a fact-specific basis.

(4) Christians in unregistered or 'house' churches

(i) In general, the evidence is that the many millions of Christians worshipping within unregistered churches are able to meet and express their faith as they wish to do.

(ii) The evidence does not support a finding that there is a consistent pattern of persecution, serious harm, or other breach of fundamental human rights for unregistered churches or their worshippers.

(iii) The evidence is that, in general, any adverse treatment of Christian communities by the Chinese authorities is confined to closing down church buildings where planning permission has not been obtained for use as a church, and/or preventing or interrupting unauthorised public worship or demonstrations.

(iv) There may be a risk of persecution, serious harm, or ill-treatment engaging international protection for certain individual Christians who choose to worship in unregistered churches and who conduct themselves in such a way as to attract the local authorities' attention to them or their political, social or cultural views.

(v) However, unless such individual is the subject of an arrest warrant, his name is on a black list, or he has a pending sentence, such risk will be limited to the local area in which the individual lives and has their hukou.

(vi) The hukou system of individual registration in rural and city areas, historically a rigid family-based structure from which derives entitlement to most social and other benefits, has been significantly relaxed and many Chinese internal migrants live and work in cities where they do not have an urban hukou, either without registration or on a temporary residence permit (see AX (family planning scheme) China CG [2012] UKUT 97 (IAC) and HC & RC (Trafficked women) China CG [2009] UKAIT 00027).

(vii) In the light of the wide variation in local officials' response to unregistered churches, individual Christians at risk in their local areas will normally be able to relocate safely elsewhere in China. Given the scale of internal migration, and the vast geographical and population size of China, the lack of an appropriate hukou alone will not render internal relocation unreasonable or unduly harsh.

Self-Harm Crisis - One Attempted Suicide Every 27 Hours in 2013

UK Detention Estate: Though self-harm attempts were down in Q4 the total for 2013, January through December hit a record high of 325, one attempt on average every 27 hours.

Yarl's Wood had 74 attempts in 2013 compared to 75 in the previous 4 years.

Brook House remained the worst IRC for self-harm and those on self-harm watch for the second year running.

Cedars 6 persons on Self-Harm Watch Q4

Number of Incidents of Self-Harm Requiring Medical Treatment January Through December - 2013
Total   Oct Nov Dec
  Quarter 4
Brook House 13   6 3 4
Campsfield House 0   0 0 0
Colnbrook 4   2 2 0
Dover 4   3 1 0
Dungavel 2   0 1 1
Harmondsworth 8   1 4 3
Haslar 0   0 0 0
Morton Hall 15   9 3 3
Tinsley House 0   0 0 0
Yarl's Wood 12   5 1 6
Larne 0   0 0 0
Pennine House 0   0 0 0
Cedars 0   0 0 0
  58   26 15 17


Individuals on Formal Self-Harm at Risk in Immigration Detention January Through December - 2013
Total Oct Nov Dec
Brook House 58 18 15 25
Campsfield House 20 8 5 7
Colnbrook 74 29 21 24
Dover 31 10 11 10
Dungavel 20 4 10 6
Harmondsworth 69 23 28 18
Haslar 6 2 2 2
Morton Hall 48 23 19 6
Tinsley House 22 8 9 5
Yarl's Wood 77 23 24 30
Larne 2 0 1 1
Pennine House 4 1 2 1
Cedars Pre-departure 6 1 3 2
Subtotal   437 150 150 137
4th Quarter437

'Self-Harm' January Through December 2013

'Self-Harm' January through December 2012

'Self-Harm' January Through December 2011

'Self-Harm' January Through December 2010  

'Self-Harm' January Through December 2009

'Self-Harm' January Through December 2008

'Self-Harm' January Through December 2007

Valuable Tools for Anti-Deportation Campaigners

US Country Reports on Human Rights Practices for 2013
As we mark the 65th anniversary of the Universal Declaration of Human Rights this year, the Country Reports on Human Rights Practices highlight the continued pursuit of "free and equal dignity in human rights" in every corner of the world. Based on factual reporting from our embassies and posts abroad, these Congressionally mandated reports chronicle human rights conditions in almost 200 countries and territories. The reports draw attention to the growing challenges facing individuals and organizations as governments around the world fall short of their obligation to uphold universal human rights.
When the page loads go to pull down menu: Countries/Regions and select country

US Country Reports International Religious Freedom
While many nations uphold, respect, and protect religious freedom, regrettably, in many other nations, governments do not protect this basic right; subject members of religious minorities to violence; actively restrict citizens' religious freedom through oppressive laws and regulations; stand by while members of societal groups attack their fellow citizens out of religious hatred, and fail to hold those responsible for such violence accountable for their actions.
When the page loads go to pull down menu: Countries/Regions and select country

IRCs Need Better Emergency Medical Response

"It is disappointing that we have frequently had to highlight the lack of clear and effective systems to ensure that the nature of emergency is correctly communicated, and that healthcare and detention staff working in IRCs are sufficiently trained and equipped to deal with incidents which require emergency first aid.  Nigel Newcomen

15 investigations have been completed into the deaths of immigration detainees. This bulletin focuses on eight of the 15 deaths between 2004 and 2011, where there were concerns about the emergency response and about which we made recommendations.

Immigration removal centres need to improve the way they respond to medical emergencies, said Nigel Newcomen, the Prisons and Probation Ombudsman (PPO). They also need to take greater care of detainees' property, he added. Today he published a bulletin on the lessons that can be learned by immigration removal centres (IRCs) from PPO investigations.

The PPO independently investigates the circumstances of all deaths that occur in immigration detention and identifies lessons that need to be learned to improve safety. The PPO also investigates complaints from those held in IRCs. The bulletin published today first examines whether responses to medical emergencies were adequate and identifies a number of deficiencies. The PPO began investigating deaths in IRCs in 2004 and since then 15 investigations have been completed. The bulletin focuses on eight of the 15 deaths where there were concerns about the emergency response.

The steps that should be taken are:

- the Home Office should implement a policy whereby every IRC uses a standard emergency code system to communicate clearly and efficiently the nature of the emergency;

- every IRC should be equipped with working emergency medical equipment;

- all IRCs should have sufficiently trained healthcare and/or discipline staff on duty at all times who can administer CPR; and

- all staff members should immediately call an ambulance when a detainee presents with: chest pain, difficulty breathing, unconsciousness, severe blood loss, severe burns or scolds, choking, fitting or concussion, severe allergic reactions or a suspected stroke.

The bulletin also examines the complaints received from detainees (just over 100 in 2012-13). Most relate to property. Steps that should be taken include:

- the Home Office should require all IRCs to develop more detailed and consistent practices for recording detainees' property in storage, in possession and on transfer;

- IRCs should ensure that staff follow the correct procedures for handling property and post; and

- where property is damaged or lost when in the care of an IRC, appropriate compensation should be offered promptly.

Nigel Newcomen said: "It is disappointing that we have frequently had to highlight the lack of clear and effective systems to ensure that the nature of emergency is correctly communicated, and that healthcare and detention staff working in IRCs are sufficiently trained and equipped to deal with incidents which require emergency first aid.

"There is also considerable scope for improvement in the appropriate care and consistent recording of detainee property, the loss or damage of which can be acutely felt. Improvement would benefit detainees, as well as saving staff resources and cost to the public purse for compensation.

"The Prison Service, while not immune from criticism itself, has detailed policies governing emergency response and management of detainee property. It is surprising that there has not been more learning from these sources across IRCs, particularly as some are run by the Prison Service. I trust Home Office Immigration Enforcement will ensure that all IRCs learn the lessons from this bulletin."

You can download the full report <> here . . . .

Colnbrook Immigration Removal Centre

Sarah Teather: To ask the Secretary of State for the Home Department what steps she has taken in response to recommendations 5.1 and 5.66 in the Report on an unannounced inspection of Colnbrook Immigration Removal Centre, 28 January to 8 February 2013 published by HM Chief Inspector of Prisons. [191308]

James Brokenshire: In line with a protocol with Her Majesty's Chief Inspector of Prisons, a service improvement plan is drawn up within two months of an inspection to address each recommendation and outline what action will be taken. The Home Office then has 18 months to effect improvements.

Recommendation 5.1, that detainees held in the First Night Last Night Unit (FNLNU) should have access to an open and full regime in a clean and properly ventilated environment, was accepted in part.

Improvements to access the full centre regime and increased ventilation are limited by the building design and could be addressed only at considerable cost.

At the time of the inspection, women were held in the FNLNU. A dedicated women's unit at Colnbrook Immigration Removal Centre (IRC) opened shortly afterwards in March 2013.

The service provider has taken action to improve the admissions process, and to reduce time spent in the unit. The on-site Home Office team monitors access to the regime on a daily basis and lengths of stay in the unit to ensure that these are limited to five days or seven days where a flight has been set. Immediately following the inspection new cleaning schedules were introduced throughout the IRC.

Point 5.66 that detainees should be given a bail application form during their induction interviews is no longer part of the Home Office induction procedures. Detainees are signposted to IRC Libraries, legal advice surgeries and welfare officers for advice and forms to make a bail application.

House of Commons: 13 Mar 2014 : <>Column 327W

Judges Refuse Exrradition to Itlay

Duty solicitors on the Westminster Magistrates' Court extradition court rota, and others with an interest in Extradition Law should note this important case which deals with extradition to Italy, and a possible bar to such extradition due to prison conditions. In the second case (from this morning) note the Senior District Judge's comments in relation to improved undertakings in future cases (and see para 52 of Badre on the same point).

Extradition - Badre v Court of Florence, Italy

Extradition - Italy v Rancadore

Last updated 23 March, 2014