Man’s inhumanity to man: why and how the UK asylum system must change

Studies over the past ten years consistently demonstrate the callous disregard for human rights and human dignity that accompanies asylum seekers who are being removed from the UK. Medical Justice, Amnesty International and the Medical Foundation for the Care of Victims of Torture — now called Freedom from Torture— have reported on research that shows brutal physical violence and traumatized and ill-treated children. The UK Border Agency (UKBA), responsible for removals, has from time to time claimed to improve their systems, but the abuses continue, as this month’s reports by HM Inspector of Prisons, Nick Hardwick, confirm. Continue reading “Man’s inhumanity to man: why and how the UK asylum system must change”

Making Asylum Claims 2

The August 2011 “Making Asylum Claims” information sheet provides information about how an  asylum claim may be made by someone in the UK. It includes information about the telephone appointment system operated by the UK Border Agency – including the telephone number to make an appointment, and the hours during which that number is answered.
This information sheet gives further information about the telephone appointment system. In particular, it sets out the information that the UK Border Agency may ask for if someone telephones to make an appointment to make an asylum claim. If the UK Border Agency wishes to ask these questions, it can be asked to phone the caller back and to get an interpreter. Continue reading “Making Asylum Claims 2”

UKBA fails to act in accordance with its own procedures: Lydia and Bernard

RAPAR: the Manchester-based Human Rights Organisation: LYDIA AND BERNARD MUST STAY CAMPAIGN

LAWYERS TO APPLY FOR INJUNCTION TO STOP DEPORTATION OF LYDIA BESONG AND BERNARD BATEY ON SATURDAY – DECISION ON CASE TAKEN THREE WEEKS AGO BUT COUPLE NOT TOLD UNTIL MONDAY, SEPTEMBER 5th. 

Veteran broadcaster Joan Bakewell and “Billy Elliot” creator Lee Hall join hundreds of supporters throughout the UK who have written protest letters to Home Secretary this week.

Lawyers for Cameroon playwright Lydia Besong and her husband Bernard Batey will seek an injunction tomorrow to stop the deportation of the couple from the UK on Saturday. Continue reading “UKBA fails to act in accordance with its own procedures: Lydia and Bernard”

QARN: Statement on Indefinite Detention of migrants and people seeking asylum

Statement on Indefinite Detention of migrants and people seeking asylum

As Quakers we believe that there is that of God in everyone. We see the Testimony to Equality as clearly relevant to our concerns about those migrants and asylum seekers who are kept in detention. They are treated much worse than those born British.

Public outrage – and indifference

The right to liberty is a fundamental right enjoyed by all people in the United Kingdom, whether British citizens or subject to immigration control. It is a right established in common law as well as protected by the European Convention on Human Rights. Recent anti-terror legislation that allows for terror suspects to be locked up without being charged has been controversial. The time limit has now been reduced to 14 days. There has justifiably been an outcry about this situation. However, thousands of people are kept every year in detention by the UK Borders Agency with no date set for their release, yet there is no public outrage about this.

The Immigration Act 1971 first included the power to detain immigrants; later legislation has extended or amended that power. People can be detained on arrival in the UK as immigrants or when seeking asylum, if considered likely to abscond, or when they have already been refused the right to remain and deportation is expected to be imminent.[1]

 Immigration officers decide

The decision to detain is made by immigration officers without reference to a court. In theory each detainee has the right to apply for bail after 7 days, but many people are unaware of this procedure and find it difficult to access legal advice. The immigration court ‘judges’ do not have to be trained or experienced to the level of judges in the criminal and civil courts, inadequate records are kept, and in many cases the Home Office view that the applicant is likely to abscond is accepted without evidence.[2]

In theory it is Government policy not to detain survivors of torture or those with serious medical conditions or mental health problems, but in practice even proven survivors of rape and torture, pregnant women, and those with severe mental and physical health problems are often found in detention. Many innocent men, women and children who have been locked up in immigration detention centres have suffered severe mental health problems, with detention in many cases adding to trauma already suffered in their home country. [3]

Our Objective:

 ‘That which is morally wrong cannot be politically right’ 1822   QF&P 23.26

 We call for the ending of indefinite detention, which is fundamentally unjust and causes much suffering to its victims.

Website: https://qarn.org.uk

See also: Detention Action http://www.detentionaction.org.uk

 


[1] In practice there can be numerous delays or an indefinite wait, and often eventual release

[2] Immigration Bail Hearings: A Travesty of Justice? (2011) http://www.closecampsfield.wordpress.com

Report: Escort and removal of detainees – by Charter Flight to Jamaica & Nigeria

HM Inspectorate of Prisons accompanied a removal by the UK of 35 detainees to Jamaica and 53 detainees to Lagos, as well as reviewing records of three previous removal flights to both countries. The aircraft were chartered by the UK Border Agency (UKBA) and G4S were contracted to carry out the removals. Continue reading “Report: Escort and removal of detainees – by Charter Flight to Jamaica & Nigeria”

Clegg and Cameron break their promise to end child detention

END CHILD DETENTION NOW – PRESS RELEASE:  Clegg and Cameron break their promise to end child detention with the opening of a new family detention centre in Sussex.

End Child Detention Now deplores the opening of a new child and family detention facility in Mid Sussex and calls for an urgent parliamentary debate so that Deputy Prime Minister Nick Clegg can be called to account for breaching his promise to end the detention of children that he made in May of last year. Continue reading “Clegg and Cameron break their promise to end child detention”

The New Bail Guidance for Immigration Judges: Will It Make Any Difference?

A note from the Bail Observation Project, September 2011: 

The issuing of up-to-date guidance notes to immigration judges must be an urgent priority.[1]

In our report Immigration Bail Hearings, we recorded our concerns about many aspects of the immigration bail process; the recommendation above was one of a series of recommendations for change. In July, the Tribunals Judiciary published new guidelines (Bail Guidance for Immigration Judges, Presidential Guidance Note No. 1 of 2011). We welcome these new guidance notes as they provide a benchmark for both judges and those concerned with the process of immigration bail hearings. Continue reading “The New Bail Guidance for Immigration Judges: Will It Make Any Difference?”

ILPA updates on the UKBA system

Making Asylum Claims
15th August 2011
The Asylum Process Guidance on the UK Border Agency website states:
The Asylum Screening Unit [based in Croydon] will accept asylum applications on a walk-in basis, but to complement this service foreign nationals can also choose to make an appointment.

However, as explained below, this statement is misleading. It has been misleading for several months. This information sheet provides information about how the UK Border Agency is currently accepting asylum claims. The information about how to make an asylum claim given in previous information sheets on “Making Asylum Claims” (in October 2009) is no longer accurate, and should not be relied upon.

See ILPA: An archive of information sheets is available at www.ilpa.org.uk/infoservice.html. Continue reading “ILPA updates on the UKBA system”

News roundup: OGNs, inspections, reports

Still Human’s new commentaries on three OGNs
Please find attached Still Human’s commentaries on the latest OGNs for Iran, Sri Lanka and Jamaica. The commentaries identify some inconsistencies and omissions between the available country of origin information and case law for these countries and the conclusions reached in the most recent OGNs. The commentaries are intended as a tool to assist legal practitioners and to help ensure that all relevant material is considered by decision-makers. All commentaries can be accessed at http://stillhumanstillhere.wordpress.com/resources Continue reading “News roundup: OGNs, inspections, reports”

Court of Appeal test case on S21 of the National Assistance Act

The Court of Appeal delivered judgment this morning in a test case regarding access to community care: SL v Westminster City Council [2011] EWCA Civ 954 available at http://www.bailii.org/ew/cases/EWCA/Civ/2011/954.html

Freedom from Torture intervened in the case with pro bono representation from Victoria Pogge von Strandmann at Maxwell Gillott solicitors and Adrian Berry at Garden Court Chambers. Mind also intervened in the case. Continue reading “Court of Appeal test case on S21 of the National Assistance Act”