CCRC Refers Case of Mr X A Zimbabwean national to Court of Appeal

Mr X, A Zimbabwean national, arrived at Manchester Airport in November 2007 and presented a false passport to the authorities. He immediately admitted that the passport was not his and said he wished to claim asylum. Mr X said the false passport had been provided by the agent he had paid to help him escape from Zimbabwe where he said he was under pressure from the Government to inform against members of the Movement for Democratic Change and said his life would be in danger for refusing. Mr X was charged on 19th November 2007 with having a false passport contrary to section 25(1) of the Identity Cards Act 2006. On the advice of a solicitor he pleaded guilty at Manchester Crown Court on 27 November and was sentence to eight months’ imprisonment. Mr X was granted asylum in August 2008.

Having considered the case in detail, the Commission has decided to refer Mr X’s conviction to the Court of Appeal. The referral is made on the basis that he should have been entitled to rely on the statutory defence available under section 31 of the Immigration and Asylum Act 1999 to the charge of possessing a false identity documents with intent. The Commission therefore believes there is a real possibility that the Court will conclude that, in all the circumstances, the statutory defence probably would have succeeded and that it should be set aside Mr X’s guilty plea and quash his conviction. Mr X was not legally represented in his application to the Commission. This case is one of several involving asylum seekers and refugees that the Commission has referred to the appeal courts in recent months. Several other cases raising similar issues are currently being investigated by the Commission.

CCRC Wednesday 2nd March 2016

Migrant Sex Workers - We Speak but You Don’t Listen

On 11 August 2015, Amnesty International passed a resolution calling for the decriminalisation of sex work. It was a sweet summer victory that was the result of years of sex worker organising. This hard won and well fought for achievement inspired a tremendous sense of victory within the sex worker movement as well as howls of protest from what Laura Agustin terms the ‘rescue industry’ and their misguided abolitionist allies.

However, the Amnesty resolution, as well as most other decriminalisation policies, will have little or no positive effect on our lives as migrant sex workers. In fact, certain short cuts towards such a goal might inadvertently turn us into collateral damage. What is clear is that we have reached a historical moment, one in which the political significance of sex worker rights has finally started to gain momentum and traction. This is why it is crucial that we, as migrant sex workers, address some of the conflicts of interest between the aims and strategies of the sex workers’ movement as they are currently configured and the strategies and realities of migrant sex workers themselves. In other words, there is a considerable distance in our experiences of criminalisation and stigma that doesn’t afford the majority of migrant sex workers a smooth or safe landing into a world of regulated and legal sex work.
Read more: Ava Caradonna, Open Democracy, 01/03/2016

Unannounced Inspection of Harmondsworth Immigration Removal Centre

40 recommendations from the last inspection had not been achieved and 24 only partly achieved. The vulnerability of the detainee population appeared to have increased since the last inspection. In our survey, 80% of men said that they had had problems on arrival and nearly half said they had felt depressed or suicidal. However, despite an improved reception environment, early days risk assessment processes were not good enough and the complex mix of detainees on the first night unit made it impossible for staff to provide a calm and supportive environment for people undergoing one of the most stressful periods of their lives. More detainees than at the last inspection also reported feeling unsafe or victimised, but safer custody structures to help managers to interrogate and address such concerns were underdeveloped. While use of force was not high and subject to good governance, some detainees were segregated for too long, and we were not assured that this serious measure was always justified or properly authorised.

Peter Clarke February 2016 HM Chief Inspector of Prisons

Read the full report:

HM Chief Inspector of Prisons Campaign Action! Safe Routes Save Lives:

The world is facing the biggest refugee crisis since the Second World War and the number of refugees worldwide is continuing to rise. A lack of safe routes to protection, welcome and support has not stopped people fleeing to Europe; it has only made their journey more dangerous. We must act quickly to stop more deaths. 3,772 people drowned last year while trying to find safety in Europe and 410 have died already in 2016. Refugees in Europe are stuck at borders in the freezing cold waiting for protection, families are separated and 10,000 children have gone missing. It's time for safe routes to protection for refugees Student Action for Refugees' call on the UK to ensure routes to safety for refugees and save lives by:  Allowing refugees to safely and legally join family members in the UK - Providing sanctuary to our fair share of refugees arriving in Europe - Significantly increasing the number of resettlement places available to refugees - Helping ensure there are adequate search and rescue operations in the Mediterranean.
Sign our petition now to ask for safe routes to save lives.

Theresa May Criticised For 'Compassion Quota' In Asylum Strategy

The Home Secretary is planning to introduce what critics have dubbed “a compassion quota” as part of a new asylum strategy, which offers only minimum protection to all but the most vulnerable refugees. As Europe makes urgent preparations for the next phase of the worst refugee crisis since the second world war, Home Office ministers have confirmed that work is under way on new British strategy to cut the numbers claiming asylum in Britain and providing only temporary protection to all but the ”most deserving” refugees. May is proposing that greater numbers of the most vulnerable refugees will only be resettled in Britain if that is matched by a cut in those who claim asylum after reaching Britain under their own steam.
Read more: Alan Travis, Guardian, 27/02/2016

Top Ten Nationalities Detained Q4 2015

UKHO CIG: Turkey: Women Fearing Gender-Based Violence

1.1 Basis of Claim

1.1.1 Fear of persecution or serious harm by state or non-state actors due to the person's gender as a woman. Published on Refworld, 01/03/2016

http://www.refworld.org/docid/56d541794.html

UKIHO CIG: Turkey: Prison Conditions

UKIHO CIG: Turkey: Membership of, or Association with, the PKK

UKHO CIG Iran: Women

1.1 Basis of Claim
1.1.1 Fear of gender-based persecution or serious harm because the person is a woman.

1.1.2 For the purposes of this instruction, gender-based persecution or serious harm includes domestic violence, sexual violence including rape, honour crimes, and women accused of committing adultery or having extra-marital relations.
Published on Refworld, 02/03/2016

UKHO CIG Iran: Prison Conditions

1.1 Basis of Claim
1.1.1 Fear of being imprisoned on return to Iran and that prison conditions are so poor as to amount to torture or inhuman or degrading treatment or punishment.
Published on Refworld, 02/03/2016

Early Day Motion 1175: Safer Births Campaign

That this House is shocked that more than 3,500 babies are stillborn in the UK every year, one of the worst rates in the developed world so that that the UK currently ranks 21st out of 49 similar high income countries; is aware that more babies die in the womb or first week of life than they do from cot death, road deaths and meningitis combined; recognises that one in three of these babies - around 1,200 each year - are stillborn when the pregnancy has reached full term; notes that if delivered on time, before the babies got into difficulty, they are likely to have survived and been healthy, understands that more research is needed to help answer the questions that surround stillbirth and neonatal death; believes that more than half of stillbirths in the UK could be prevented if the NHS implemented additional scans; pays tribute to organisations like Sands, Kicks Count and others who seek to raise awareness of this issue; appreciates the devastating, heartbreaking and long-term impact on couples who face the stillbirth of their child; and congratulates the Sunday Times Safer Births Campaign which is seeking to shine a light on this issue and improve outcomes for all mothers-to-be and their babies.
House of Commons: 01.03.2016

UKHO CIG Turkey: Sexual Orientation and Gender Identity

 1. Basis of Claim
1.1.1 Fear of persecution or serious harm by the state and/or non-state actors because of the person’s actual or perceived sexual orientation and/or gender identity.
 1.1.2 For the purposes of this instruction, unless specified, the above are collectively referred to as ‘Lesbian, Gay, Bisexual and Transgender (LGBT) persons’. 
1.1.3 In addition to the guidance in this section, decision-makers should refer to the Asylum Instructions on Sexual Identity Issues in the Asylum Claim; Gender Identity Issues in Asylum Claims and Gender Recognition in Asylum
Published on Refworld, 03/03/2016

UKHO CIG Turkey: Military Service
1. Basis of Claim
1.1.1 Fear of persecution or serious harm by the state because of:
(a) the treatment and/or conditions likely to be faced by the person during compulsory military service duties; and/or
(b) the penalties likely to be faced by the person’s refusal to undertake, or their desertion from, military service duties.
Published on Refworld, 03/03/2016

Mrs V, a Cameroonian national, attempted to use a false passport to board a flight to Canada at Birmingham Airport in March 2007. When questioned by an immigration officer she admitted that she had travelled to the UK from Nigeria in February 2007. She said that when she attempted to board the flight to Canada she was trying to get away from the man who brought her to the UK and was using a passport she took from him. She was charged with having a false passport contrary to section 25(1) of the Identity Cards Act 2006. On the advice of a solicitor Mrs V pleaded guilty in May 2007 at Warwick Crown Court and was sentenced to eight months imprisonment. Mrs V was granted leave to remain in the UK in July 2008. Having considered the case in detail, the Commission has decided to refer Mrs V’s conviction to the Court of Appeal. The referral is made on the basis that she should have been entitled to rely on the statutory defence available under section 31 of the Immigration and Asylum Act 1999 to the charge of possessing a false identity documents with intent. The Commission therefore believes there is a real possibility that the Court will conclude that, in all the circumstances, the statutory defence probably would have succeeded and that it should be set aside Mrs V’s guilty plea and quash her conviction. Mrs V was not legally represented in his application to the Commission

CCRC Wednesday 2nd March 2016

Early Day Motion 1174: Human Rights Violations In Egypt

That this House is concerned about serious human rights violations in Egypt under President al-Sisi's government; notes with alarm the chapter on Egypt in the Human Rights Watch World Report 2016 which highlights the authorities' imprisonment of tens of thousands and banning of protests, the courts' sentencing of hundreds to death, including former President Morsi, after unfair trials, and the law enforcement forces' involvement in torture and enforced disappearances; further notes also that human rights defenders and civil society in Egypt are under considerable pressure, with endless hate speech from state-affiliated media, continuous harassment from the authorities, and travel bans repeatedly used as a tool to silence them; fears that current human rights violations will ultimately serve to destabilise the country and lead to increased radicalism; notes that Egypt is second only to China as the world's worst jailer of journalists in 2015; calls on the government of Egypt to commit to a full, impartial and transparent investigation into the death of Cambridge PhD student, Giulio Regeni and to the release of Irish student, Ibrahim Halawa, imprisoned without trial since 2013; further calls on the Egyptian government more generally to uphold its international human rights obligations; and urges the Government to make representations about these issues to their counterparts in Egypt as a matter of urgency.

House of Commons: 01.03.2016

Prisons Inspector Calls for Time Limit on Immigration Detention

The new chief inspector of prisons has backed calls for a limit on how long people can be held in immigration removal centres after finding one detainee held for more than five years. Peter Clarke said an inspection of Harmondsworth immigration removal centre, near Heathrow, found 18 detainees who had been held for more than a year, one man who had been detained on separate occasions adding up to a total of five years and another held for nearly four and a half years. He said the Home Office’s internal processes to prevent detainees from being held for unreasonable periods did not always work. Clarke cited two cases in which the Home Office agreed last year to release two detainees subject to suitable address and care arrangements being found, and yet both men were still being held.
Read more: Alan Travis, Guardian, 01/03/2016

Clashes as Authorities Demolish Homes in Calais 'Jungle' Camp

Clashes between police and migrants continued into Monday evening after authorities moved in earlier in the day to dismantle parts of the refugee camp known as the Jungle. The homes of up to 200 people of the approximately 3,500 people living in the camp had been demolished by the middle of the day, according to a British refugee aid group, as smoke went up from blazes engulfing makeshift shelters. ome homes appeared to have been set alight by the heat of teargas canisters fired at crowds by riot police, said a spokeswoman for the British volunteer group Help Refugees, while some residents seem to have set others on fire in protest. Video footage from a volunteer inside the camp showed residents running away from clouds of teargas. Reuters said police fired teargas at about 150 people and activists who threw stones, and at least three shelters were on fire.
Read more: Guardian, 29/02/2016 Gap-Year Students Deciding Asylum Claims

Gap-year students are being recruited by the Home Office to make potentially life or death decisions on asylum claims, the Observer has learned. The students receive only five weeks’ training before they begin interviewing asylum seekers and making decisions about whether they can stay in the UK or should be sent back to their home countries.

The Home Office has confirmed that the practice of recruiting gap-year students on temporary contracts during busy periods to help process asylum claims is a longstanding one. A spokesman said that job adverts for these temporary contracts were placed on student and university websites. He added that such temporary jobs are targeted at students who might not want a long-term career at the Home Office.
Read more: Diane Taylor, Guardian, 27/02/2016

EDM 1156: Independent Investigation Into Compass Asylum Contracts

That this House expresses its serious concern about the allegations in The Times Scotland on Thursday 18 February of dehumanising treatment, neglect and poor standards of accommodation for those seeking asylum in the UK who have been dispersed to Glasgow; notes that these allegations pertain to Orchard and Shipman in particular, who have been sub-contracted by Serco, itself under contract from the Home Office, to deliver the lifeline public service of housing for women, children and men, many of whom come from war-torn countries such as Syria, Afghanistan and Eritrea; emphasises that we must always remember these are resilient but also deeply vulnerable fellow women, men and children who may have lost everything precious to them and made perilous journeys to seek refuge here and find a secure home; recommends that the seriousness of the allegations in The Times Scotland merit the fullest independent investigation; considers that a full and comprehensive inquiry or review into the Compass asylum accommodation contracts across the UK is now required, particularly given recent allegations concerning performance of the Compass contracts in Middlesbrough and Cardiff; and believes that all local authorities and communities, and the devolved governments where applicable, must be fully involved in any Home Office decisions to widen asylum dispersal including who they are expected to contract and work with in the provision of accommodation to asylum seekers. House of Commons: 25.02.2016

Top Ten Destination Countries for Enforced Removals 2015

Immigration Statistics Q4 October/November/December 2015

Despite Conviction for Serious Offences, Cannot Be Deported to Zambia

Secretary of State for the Home Department v JZ (Zambia) [2016] EWCA Civ 116 (01 March 2016)

Part 1. Introduction

2. This is an appeal by the Secretary of State against a decision made by the First-tier Tribunal and upheld by the Upper Tribunal that JZ, despite his conviction for serious offences, cannot be deported to Zambia. The issue in this appeal is whether the First-tier Tribunal and the Upper Tribunal correctly applied rules 398 to 399A of the Immigration Rules.

3. JZ was the defendant in criminal proceedings, the applicant for relief from deportation, the appellant before the First-tier Tribunal and the respondent before the Upper Tribunal. When referring to his role in the litigation I shall call him "the claimant".

4. The Secretary of State for the Home Department was respondent before the First-tier Tribunal and appellant before the Upper Tribunal. She is the appellant before this Court. I shall refer to her as "the Secretary of State". I shall refer to the UK Border Agency as "UKBA".

5. Again in this judgment references to "article 8" are references to article 8 of the European Convention on Human Rights. Article 8 provides:

Part 8 Executive summary and conclusion

58. In 2003 the claimant, a Zambian national who had only ever lived in Zimbabwe, came to the UK at the age of 9. His family settled in the UK and obtained British citizenship. In August 2011 the claimant took part in the London riots. As a result, in 2012 he pleaded guilty to violent disorder and arson, for which he was sentenced to 4½ years' detention.

59. The Secretary of State decided to deport the claimant as a foreign criminal. The claimant appealed against that decision, relying upon article 8 of the European Convention on Human Rights. The First-tier Tribunal allowed the claimant's appeal and the Upper Tribunal upheld the First-tier Tribunal's decision.

60. The Secretary of State now appeals to the Court of Appeal. In my view, both the First-tier Tribunal and the Upper Tribunal correctly applied rules 398 to 399A of the Immigration Rules. In accordance with authority, those Tribunals took account of the claimant's Convention rights through the lens of the Immigration Rules. The tribunals concluded, and were entitled to conclude, that exceptional circumstances existed which outweighed the public interest in deporting the claimant.

61. Accordingly, if Lady Justice King and Lord Justice Simon agree, this appeal will be dismissed.

62. Lady Justice King: I agree.  63. Lord Justice Simon:  I also agree.

Published on Bailii, 01/03/2016

http://www.bailii.org/ew/cases/EWCA/Civ/2016/116.html