No-Deportations - Residence Papers for All

                               News & Views Monday 18th August to Sunday 24th August 2014

Xu, R (on the application of) v SSHD (IJR) [2014] UKUT 375 (IAC)

(1) It is plainly wrong to contend that a case under the respondent's so-called "legacy programme" can be "concluded" only by the grant of leave or by actual removal, given that there was no amnesty that applied to such cases; they fell to be decided under the relevant Immigration Rule (para 395C or 353B, as the case may be) and the guidance in chapter 53 of the Enforcement Instructions and Guidance that applied as at the date of the review of the case under the legacy programme.

(2) It follows that, in the event that consideration of the relevant Immigration Rule and guidance produced a negative answer, the rationale of the Supreme Court at [25]-[35] of Patel v Secretary of State for the Home Department [2013] UKSC 72 applies, that is, the Secretary of State is entitled to proceed on the basis that those unlawfully in the UK will leave of their own accord; she is not obliged to remove an individual or issue a removal decision.

(3) It is unarguable that the expressed aim to "conclude" cases in the legacy programme by either the grant of leave or by removal was anything other an aim or aspiration to remove all individuals who had no basis of stay. In particular, it is unarguable that the expressed aim or aspiration was addressed to individuals and/or that it amounted to an irrevocable and unambiguous commitment to grant leave to anyone who did not meet the requirements of the relevant rule (395C/353B, as the case may be) and the applicable chapter 53 guidance and who was not removed.

Application for permission

Judge Gill: It is 4:00pm. The applicant is not present, nor is anyone here to represent him. It is appropriate for me to narrate today's events.

2. At 11:00 a.m. this morning the applicant was present. With him was a Mr A Fouladvand of Migrant Advisory and Advocacy Service (MAAS). Mr Fouladvand did not have a right of audience nor is MAAS authorised to conduct litigation in the High Court, see rule 11(5A). I noted that MAAS had filed the renewal grounds when they were not authorised to conduct such litigation. The applicant did not speak English, although it was clear that he understood some limited English. It was therefore not possible for Mr. Fouladvand to act as a McKenzie friend. Thus, I was placed in the position whereby either I permitted Mr. Fouladvand to address the court and conduct litigation or I adjourn the hearing. Mr. Fouladvand then informed me that MAAS has two solicitors who are authorised to conduct litigation in the High Court. He said he may be able to arrange for one Ms. A to be present in two hours and that he would make some enquiries. However, having made such enquiries, he informed me that Ms A had other professional engagements that morning as a consequence of which she would not be able to travel to the hearing centre. The second solicitor similarly could not attend the centre.

20. Rule 44(4B) of the Tribunal Procedure (Upper Tribunal) Rules 2008 requires me to consider whether to grant permission to appeal to the Court of Appeal. I have done so. I refuse permission to appeal to the Court of Appeal because there is no arguable error of law in my decision.

Stop the Deportation of Joan Ayebare Tumwine

Online petition requires your signature <>here . . . . - Other actions end of message

The UK Government is about to deport lesbian asylum seeker, Joan Ayebare Tumwine , without giving her a fair opportunity, with proper legal representation to present her case: PLEASE help STOP the unjust deportation of Joan by signing this petition.

Please sign and Share this Petition widely as it is a matter of extreme urgency:

Joan Ayebare Tumwine is a Ugandan lesbian facing deportation from United Kingdom back to Uganda where she will face further persecution and where her life could be in danger.

Joan is scheduled to be deported on Friday 22/08/2014 time 8:00pm on Kenya Airways.

Joan came to the UK September 2013 to work for a year with a charity called Burton Youth For Christ. (BYFC) . She was too afraid to tell her employers or seek their help because she had heard anti-gay remarks.

She worked there for ten months unable to find anyone she could trust to tell her story. She was locked into long working hours and unable to find help.

She wanted help and to seek protection. "I studied each one of them and the way they used to talk about gay people was not good and that made me not trust them with my problems and not only that, being Christians they did not like gay people."

When she tried to claim asylum BYFC found out she was a lesbian and instead of helping her, tried to force her to leave the UK .

They told her they did could not trust her with their Children for that reason we are taking you back to Uganda

"They took me to Birmingham Airport and when we got there, Catherine then asked me whether I had decided that I wanted them to call immigration or whether I wanted them to put me straight on the plane to go back to Uganda. I told her to call immigration and she told me to give her a few minutes. When she came back, she told me that since it was a late Friday, there was no immigration officer to attend to me, so they couldn't contact immigration and that the only option they had left was to put me straight on to the plane.They asked for my passport and I gave it to them, they then paid for the flight ticket.

They then tried to give me my passport and the ticket but I refused them. They said I had no option but to go. They went and checked me in and they came to tell me that they were taking me to Departures. I asked them to speak to any officer at the airport but they refused and told me that there was no one to talk to me. As we walked towards Departures, I saw a uniformed officer, (he was called Andy Lee) and I asked for help."

Joans asylum was denied on issues that could easily be countered and explained with proper representation and the drafting of reports by professionals. But she has yet to be given this opportunity.

Joan appealed against the refusal however on the day of the Court she was sick and had an appointment to see a doctor however the Judge refused to adjourn the court hearing. Therefore Joan did not get a chance to make her case.

Joan provided the evidence that she was sick in form of medical records from Yarlswood detention center Health center, however this was rejected by the courts because she did the appeal herself.

This case has not yet been fully investigated and Joan must be given a fair and just opportunity to do so.

Joan is currently being held unnecessarily in Yarlswood Detention center. There is no risk if she is released, as she desperately wants to ensure her asylum case is properly heard and that she receives legal status in the United Kingdom.

Unfortunately part of her story that requires further investigation has been assigned to a Police Officer who is on vacation and there is not enough time to investigate pending her deportation

The current Anti-Homosexuality laws, recently invalidated by the Courts have sparked a backlash such as this quote from Rev. David Livingston Kiganda: "If the gays win the case, we are going to slaughter them.. They are few in number and we know that"

Currently many Ugandan lesbians and LGBT remain in hiding in Uganda in fear of their lives. They are unable to find work and many have been shunned by family, fired by employers and evicted from rentals.

In Uganda Parliamentarians are seeking to reinstate the law, which was invalidated only on a technicality

We have just found help for Joan. We urge people to sign this Petition that her deportation be stopped pending further investigation, reports and appeal.

Please sign this petition, share it with your friends, contact your Member of Parliament or contact her Member of Parliament Rt Hon Andrew Griffiths 020 7219 7029 email Contact the Home secretary RT HON Theresa May Tel: 020 7219 5206 Fax: 020 7219 1145 email

Quote Joan Ayebare Home Office number A1855953

Contact Kenya Airways to stop her deportation quoting ticket number +44 020 8759 7366 email


Enforced Poverty Amongst Asylum Seekers and Refugees

A new Institute for Research into Superdiversity (IRiS) Working Paper has been published which analyses the link between poverty and refugees and asylum seekers in the UK from the 1980s to the present. Focusing on three main groups: asylum seekers; refugees; and refused asylum seekers, it also examines the impact on women, children, unaccompanied asylum seeking minors, families, elderly people, Lesbian Gay Bisexual Transgender (LGBT) people, disabled people and members of cultural and religious minorities.

The working paper looks at the evidence on the livelihoods of asylum seekers and refugees, through issues such as their access to asylum support; the difficulties with their refugee status determination, their right to work and survival strategies and the difficulties accessing the labour market. It examines the reduction in support over the years Ð currently asylum support rates have fallen to between 50-60 per cent of Income Support levels Ð whilst refugees are not subject to the curtailing of rights and are entitled to the same benefits as British citizens. However, with the reduction in English as an Additional Language (EAL) classes and other support systems refugees too live in poverty and isolation. The review discusses the impact of housing deprivation and insecurity experienced by refugees and asylum seekers as well as their health status and their access to healthcare.
Read more: IRR News, <> 21/08/14

Foreign Criminals Barred From Open Prisons/Day Release
Twenty-one foreign criminals have been moved from open prisons back into closed custody in the last 48 hours as new rules to stop them absconding come into force. The Ministry of Justice announced that hundreds of inmates facing deportation orders were now barred from open jails and day release schemes. Prisoners who are being considered for deportation would also have to pass strict new tests if they wanted similar treatment. The overhaul came after figures showed a 30 per cent rise in the number of prisoners missing from jail, including 137 who walked out of open prisons.

Chris Grayling, the justice secretary, said: "We are working hard to return foreign national prisoners to their own countries to serve their sentences. While they remain with us, we must do all we can to make sure they stay safely under lock and key. That is why I am changing the rules to prevent those foreign nationals who are going to be deported from being transferred into open prisons or getting temporary release. Open prisons serve an important purpose for helping rehabilitate offenders, but we must make sure that only the right people go there. It's clearly not right that foreign nationals who are going to be deported end up in open prisons where they might abscond and threaten public safety." Telegraph, <>16/08/14

Scotland: Asylum Seekers Housed in Slum Conditions

Research undertaken by the Scottish Refugee Council (SRC) has uncovered shocking examples of unsuitable housing, including a family of four having to share a one-bedroom property for nine months. Other cases highlighted include multiple unrelated families being housed in small flats, while some individuals feared for their safety after being placed in shared accommodation without lockable doors. Concerns were also raised about poorly functioning heating systems, with some families reporting having to boil a kettle on a regular basis to have enough hot water to wash their children.

Despite a requirement to provide fully equipped and fully furnished accommodation for asylum seekers, new mothers have been left without any baby equipment, while one man had no bedding for three weeks, according to the report. The Home Office has contracted out the provision of accommodation for asylum seekers in Scotland to controversial outsourcing firm Serco for the past two years, which in turn sub-contracts the work to property management company Orchard & Shipman.
Read more; Herald Scotland, <>17/08/14

'Screams' Heard Coming From Shipping Container

One man has died and dozens have been taken to hospital after 35 people were discovered hiding inside a shipping container at Tilbury Docks in Essex on Saturday. The group, presumed to be illegal immigrants, were found when workers heard "screaming and banging" from inside a container as the ship was being unloaded at 6.37am, said Supt Trevor Roe of Essex Police.

Inside they discovered "adults and children of both genders" who were all suffering from the effects of confinement. Seven ambulances were immediately called to the scene. In addition, Basildon and Thurrock Hospital dispatched two rapid response cars, a patient transport services vehicle and a Òhazardous area response teamÓ. One man was pronounced dead on the scene and all of the remaining 34 people, including some children, were taken to three different hospitals for emergency treatment. An East of England Ambulance spokesman said they were suffering from "severe dehydration and hypothermia".
Read more; Telegraph, <> 16/08/14

Last updated 22 August, 2014