No-Deportations - Residence Papers for All

News & Views Monday 20th July to Sunday 26th July 2015

"No Deportations of Roma! All Roma to Stay Here! "
Hamburg, Germany, Saturday 18 July 2015 - 600 of us gathered for a demonstration. We were many Roma from asylum and immigrant detention centres, representatives from the Lampedusa Group and many supporters. We started at the "Gruener Jaeger" pub with a speech by Peggy Parnass, whose parents were murdered by the Germans in Treblinka concentration camp and who expressed her support and solidarity with the Roma's protest; "At the moment, thank God, we are not being slaughtered any longer. This is an improvement. But we are being discriminated against, side-lined and repressed. This is still going on, still going on. There is a strong tradition, but it cannot stay like that!"

There were further speeches from the Lampedusa group, who have criticised the conditions in the camps in their protest in the last few months and who demanded a stop to deportations, the right to remain and unrestricted work permits for those living here.

Then we marched towards Altona chanting "1, 2, 3, 4, all Roma stay here!" and "We are here and we will fight, freedom of movement is everybody's right". In Bruno Tesch Square there was a midway rally. A recording was played of a speech from a Freiburg Roma Group. Idriz described the degrading living conditions of Roma living in the so-called "safe countries of origin". When the protest arrived at Altona Station there was a speech by the Hamburg Refugee Council reporting on the last wave of Roma deportations a few years ago. The latest statements of Olaf Scholz were mentioned who has reinforced the fairy tale of "safe countries of origin". Asylum applications made by refugees from these countries are almost always rejected as "obviously unreasonable". Any real scrutiny of the grounds for fleeing and recognition of the many reports of the living conditions of the Roma did not take place. At the end of the demonstration there were performances by the rappers K-Flow's and Gipsys Evidence, Prince-H and the singer Jana.

Many thanks to all those who joined us on Saturday! The protest goes on! All the Roma stay here!

We demand:
Stop deportations of all Roma
Right to remain for all Roma
Interpreters who speak Romani
Unrestricted work permits for detainees
Opportunities to move out of initial detention centres earlier
Medical certificates must not be ignored.

From: "alle-bleiben" <>

Theresa May Unlawfully Detained Potential Trafficking Victims
Home Secretary, Theresa May, failed to protect three potential victims of trafficking who were locked up in an immigration detention centre, a high court judge has ruled. The three test cases on trafficking are linked to a series of other legal challenges which have successfully argued that the detention of asylum seekers while their claims are being decided is unlawful because it has failed to protect vulnerable people.

The three victims who challenged the home secretary were a 22-year-old Albanian woman forced into marriage with a man who wanted to traffic her, a 49-year-old Nigerian woman forced to have sex with her husband's friends, and a Nigerian boy who was brought to the UK on a sports visa through the John Fashanu Foundation programme and claimed to have been tortured, raped and trafficked.

May has admitted that she failed to correctly identify victims of trafficking, failed to make appropriate referrals to police and trafficking authorities, and allowed the detained fast track (DFT) procedure to operate in a discriminatory way.
Read more: Diane Taylor, Guardian, <> 20/07/2015

Visa Requirements for Tier 1 [Must Produce Criminal Record]
The Minister for Immigration (James Brokenshire): I am announcing today that from 1 September 2015, individuals who are applying for entry clearance as an entrepreneur or an investor under the tier 1 category will be required to provide a criminal record certificate from any country in which they have lived for 12 months or more in the previous 10 years.

Under the previous Government we changed the immigration rules to introduce a requirement to provide an overseas criminal record certificate where that is required. We will introduce this requirement in a controlled way and learn the lessons from implementation as we roll out the requirement to other categories of migrant.
House of Commons 20 July 2015 : <>Column 80WS

Child Asylum Seekers and a Culture of Disbelief
According to work by the Bureau of Investigative Journalism published last week, more than 600 former unaccompanied asylum seeking children have been sent back to Afghanistan since 2009 Ð their claims and appeals rejected.

Having lived in Afghanistan for the last three years, I have met more than 100 of those who have been deported from European countries, including Denmark, Norway, Sweden and the UK and been asked to prepare expert reports for dozens of those facing removal, including children who arrived aged 12, 13 and 14. As a result, I am familiar both with the Home Office perspective, detailed in refusal letters, and the situation facing those who are returned.

For some European countries, deportation to Afghanistan remains unconscionable. Afghanistan is a country in conflict, riven by corruption and with a culture of impunity that protects the powerful and leaves the weak exposed to a wide and shocking range of human right abuses.

Read more: Liza Schuster, Justice Gap, 20/07/2015

Shoaib, R (on the application of) v SSHD [2015] EWHC 2010 (Admin) (13 July 2015)

(Judicial Review Succeeds - SSHD Failed to Serve Notice of intentions)

1) This is an application for judicial review of a decision made by the Secretary of State for the Home Department to curtail Mr Muhammad Shoaib's leave to remain in the United Kingdom and to detain him.

2) The Claimant relies on the following grounds of claim:

i) The Defendant failed to serve notice on the Claimant of her decision made on 5th March 2014 to curtail his leave to remain as a tier 4 migrant, and was not entitled to rely upon Article 8ZA(4) of The Immigration (Leave to Enter and Remain) Order 2000 ("the 2000 Order") as inserted by The Immigration (Leave to Enter and Remain) (Amendment) Order 2013 ("the 2013 Order"), which provides that notice shall be deemed to have been given.

ii) In the absence of proper notice of the decision to curtail leave, the Defendant's decision to detain the Claimant on the 2nd June 2014 was unlawful.

3) At the hearing, Mr Biggs stated that Ground 3 was not pursued. Ground 3 was a contention that the Defendant had failed to exercise her discretion properly or at all to make a decision, pursuant to section 10 of the Immigration and Asylum Act 1999, to remove the Claimant from the United Kingdom.

4) Both Mr Biggs for the Claimant, and Mr Harland for the Defendant, are agreed that if the Claimant succeeds on ground 1, he also succeeds on ground 2.

5) The main issue which falls for consideration is whether, on the particular facts of the case, the Defendant was entitled to rely on the provisions of Article 8ZA(4) of the 2000 Order, which provides that notice pursuant to section 4(1) of the Immigration Act 1971 may be deemed to have been given.

50) For those reasons I have concluded that the Defendant was not entitled to rely upon the provisions of Article 8ZA(4) and to conclude that it was not possible to give notice to the Claimant in accordance with paragraph (2) of that article. I reach that conclusion whether the relevant factual basis upon which the Defendant proceeded is properly to be regarded as a question of precedent fact or jurisdictional fact, or on the alternative basis that the Defendant's approach is to be reviewed on conventional administrative law principles.

51) I find that Ground 1 succeeds, and as a result Ground 2 also succeeds.

52)The application for judicial review is granted.

53) I invite the parties to agree, or to make submissions on, the appropriate form of order to include a declaration that the detention of the Claimant was unlawful, and to allow damages to be assessed for that unlawful detention.

Removal of Red Notice for Refugee
After months' of continued pressure Gherson are pleased to announce that we have secured the removal of a Red Notice published by INTERPOL in respect of one of our clients, who has been listed on INTERPOL's public site for over six years.

The pre-existing policy of maintaining persecutory Red Notices against individuals who had defeated extradition and been recognised as refugees was unjust and has led to many individuals subject to persecutory politically motivated allegations in perpetual limbo. Despite having being recognised as a refugee and therefore being protected from extradition in the asylum-granting state they remain at risk of arrest internationally. Furthermore, the act of placing an individual onto the INTERPOL Red Notice list can have profound implications for an individual both personally and commercially, as many business and banks will refuse to deal with individuals who are unlucky enough to find themselves on the list.

Gherson remains cautious with regards to the implementation of the policy and has still not been provided with a copy of it in writing but welcomes what appears to be a change in approach by INTERPOL.

The route to challenging Red Notices remains complex and incredibly slow. More must be done to reform the system not least to deal with the incredible backlog of cases that are dealt with by the chronically underfunded Commission for the Control of INTERPOL's files.

Gherson has extensive experience in dealing with and defeating politically motivated extradition requests in the UK and worldwide. Furthermore, our experience in securing refugee status in high profile cases and in managing the continuing after effects of an extradition request including dealing with INTERPOL is unparalleled. Should you wish to have a confidential discussion with a member of our team please do not hesitate to contact us.

Thomas Garner, Gherson, 21 July 2015

Asylum: Sexual Orientation
Lord Scriven to ask Her Majesty's Government whether they plan to implement the recommendations in the report by the Independent Chief Inspector of Borders and Immigration of March-June 2014 regarding the handling of asylum claims made on the grounds of sexual orientation, and if so, when.

The Minister of State, Home Office (Lord Bates) (Con): My Lords, the Home Office has been actively working to implement the recommendations. An updated asylum instruction considering sexual identity issues in the asylum claim has been issued. Approved training for staff is under development. These will ensure the sensitive and effective exploration of asylum claims based on sexuality. The Home Office is conducting "second pair of eyes" checks on all such claims to ensure the consistent recording of cases and more accurate data.

Lord Scriven (LD): I thank the Minister for that Answer. He may be aware that an action plan has been agreed with third sector organisations that has become more "plan" than "action". Can he say when the action plan will be implemented and, if not, will he write to me giving a date? Also, could the person overseeing the action plan be someone equivalent to the director of asylum, rather than a junior policy officer, as is presently the case?

Lord Bates: I am aware of the action plan; it has been drawn up in consultation with the national asylum stakeholders group, which includes groups that work specifically with lesbian, gay and bisexual organisations. He will be aware of the report of the Independent Chief Inspector of Borders and Immigration: we have accepted all its recommendations and they are in the process of being implemented. I do not have a final date for when that will be concluded, but I shall certainly speak with officials about that and write to him.

Lord Lexden (Con): What action is being taken to combat the harassment and bullying of LGBT people in certain immigration centres, as documented by the All-Party Parliamentary Group on Refugees and other bodies?

Lord Bates: A review is going on into the very serious accusations that were made. It has been part of the Stephen Shaw review, which will report shortly. We take those accusations very seriously, and new guidelines are being prepared to ensure that such things do not happen again.

Read more: House of Lords /20 July 2015 : <> Column 892

Alice Wanju-Maina Being Held in Solitary Confinement

For wearing a T-Shirt with the logo "We Want Freedom" 

Emergency campaign from Black Women's Rape Action Project

A woman in Yarl's Wood IRC has been put in solitary confinement for refusing to remove a T-shirt with the slogan: "We want freedom".

Alice Wanja-Maina was ordered this morning to take off the T-shirt by officer James Brown who claimed that the Home Office had told Serco to stop women wearing the T-shirts because it "incites" them. Ms JS who witnessed the incident said that six guards surrounded Ms Wanja-Maina and she was videoed. When Ms Wanja-Maina was threatened with being taken to the punishment wing (Kingfisher) she took all her clothes off to protest. She had written "freedom" on her body too.

Ms Wanja-Maina remains in Kingfisher without her clothes, isolated and unable to contact anyone. She is likely being targeted because she has been outspoken in demanding her own release and against the injustice of vulnerable women being imprisoned indefinitely without charge or conviction.

Ms Wanja-Maina is a jailhouse lawyer who helps other women with their legal cases and is a point of contact for women to get copies of a <>Self-help Guide against Detention and Deportation by Legal Action for Women (LAW). Ms Wanja-Maina led protests when 90 of these guides were confiscated and with support from LAW and Black Women's Rape Action Project succeeded in forcing the Home Office to instruct Serco to return the guides. Is Ms Wanja-Maina being isolated in retaliation for Serco's humiliation. Ms Waja-Maina has also made a formal complaint about bullying and intimidating treatment from an officer.

Currently ten women are wearing freedom t-shirts in support of Ms Wanja-Maina and are demanding her immediate release.

Please write to protest to:

Norman Abusin
Yarl's Wood IRC By fax: 01234 821 096

The Home Office By fax: 01234 271 349

Alok Sharma MP (Ms Wanja-Maina's MP) asking him to intervene to get Ms Wanja-Maina released from solitary confinement.

Email: Tel: 020 7219 7131 Tel: 0118 941 3803

Theresa May, Secretary of State for the Home Office Tel: 020 7035 4848

Please cc anything you write to and

(Removal Cancelled Saturday 18th july)

(Alert posted Friday 17th July)

Stop the Forced Removal of Manigue Lukeni Koba

Email/Phone/Fax Blitz

Manigue is a young woman from DR Congo and the niece of a Congolese Human Rights activist who was brutally murdered by the regime. She is currently detained in Yarl's Wood IRC.

Examined by the detention centre doctors their report records in relation to soldiers who came for her uncle "…. She tried to stop them. They took her into her room where she was raped by several soldiers. They took her away to another place, where she was raped and abused by many men." That report continues and records she was subsequently used as a sex slave but Manigue bears no physical scars due to the compliance of being controlled sexually though she has had stitches in her vagina from being raped. The doctor concludes that he has concerns that Manugue is a victim of torture.

DR Congo - Country of Concern
There was no marked reduction in the number of violations and abuses, and accusations persisted that the army, police and security agencies were complicit in killings, rapes, and the ill treatment of detainees. The DRC government attended the Global Summit to End Sexual Violence in Conflict and engaged with the Preventing Sexual Violence Initiative (PSVI) more generally. Despite this political commitment, women and girls continued to suffer in ongoing conflict in the DRC through rape, torture, and killing
Foreign & Commonwealth Human Rights Report March 2015

Manigue is due to be removed to France who have accepted responsibility for asylum claim notwithstanding that in France she was forced to live rough and was at risk from pimps, drug dealers and assault. She was constantly hungry. In the United Kingdom she was supported and accommodated by her stepmother who was helping her come to terms with the abuse she suffered in the past. Notwithstanding the views of the detention centre Doctor the UK Border Agency do not accept that multiple rapes and her imprisonment as a sex slave amounts to torture.

Manigue Should remain in the UK, where she has family support.

For a copy of the Detention Centre medical report email

What you can do.
Mangue is due to be removed on EasyJet flight U28325 on Monday, 20 July at 8:00am from Gatwick to Paris.

Contact Easy Jet

Phone number: 01582 52 52 52
Fax number: 01582 44 33 55
Telephone 0330 365 5000

@easyjet ( Twitter )

Model letter/email

Dear Carolyn McCall,

I should like to express my deep concern at the prospect of Manigue Koba being forcibly removed to France on your flight U28325 on Monday, 20 July at 8:00am by the United Kingdom Home Office. Manigue is the niece of a prominent Congolese human rights activist brutally murdered by the regime. Doctors engaged by the UK Home Office have concluded that they have concerns that Manigue is the victim of torture having been the victim of multiple rapes by the soldiers who murdered her uncle and who subsequently kept her as a sex slave. In the UK Manigue was being looked after by her step mother whilst she sought help for her ordeal. I ask that Easy Jet look to its conscience before participating in tearing a victim of sexual torture from her family. 

The UK Foreign & Commonwealth Human Rights Report March 2015, states:
There was no marked reduction in the number of violations and abuses, and accusations persisted that the army, police and security agencies were complicit in killings, rapes, and the ill treatment of detainees. The DRC government attended the Global Summit to End Sexual Violence in Conflict and engaged with the Preventing Sexual Violence Initiative (PSVI) more generally. Despite this political commitment, women and girls continued to suffer in ongoing conflict in the DRC through rape, torture, and killing.

Manigue Koba , is not a willing passenger, please do not allow your airline to facilitate a forced removal by the UK Home Office.

Yours Sincerely,

(Your name and contact detail)

Source for this alert:
Migrant Law Partnership <>

Please let them know of any actions taken.

Last updated 25 July, 2015