No-Deportations - Residence Papers for All

                                        News & Views - Monday 12th August to Sunday 18 th August 2013

G4S Condemned for Allowing Prisoner to Die in Agony

A prison complaints body has slammed G4S managed, HMP Birmingham after a terminally-ill convict had to wait until he was 'screaming in agony' before being admitted to hospital.

Nigel Newcomen The Prison Ombudsman criticised escort officers who kept the inmate waiting in handcuffs for 40 minutes while they bought themselves sandwiches at the New Cross Hospital branch of Greggs, Ôin full view of the publicÕ. He also blasted the prison for keeping Mr Dent handcuffed to officers on a long chain for three weeks at the hospital. 'The prison needs to ensure that it appropriately balances security with humanity when making such decisions,' he said.

Mr Newcomen said terminally ill prisoners 'should be treated with greater sensitivity than was accorded to Mr Dent and his family'. He accused the jail of failing to act on recommendations his body had made following two previous inmate cancer deaths. In his report he laid out ten recommendations for improvements at the prison.
Read more: <> Birmingham Mail 14th August 2013


Urgent Action for Houcine Senoussaoui, 29th Day on Hunger Strike

Houcine is now on the 29th day of his hunger strike. RAPAR is seriously concerned about is health and is asking people to write to the Home Secretary, Immigration Minister and their MPs about the case.

Justice for Houcine and Alma
13 years of struggle to achieve safety and a Manchester family are still living on tenterhooks each day in their Moss Side home after the Home Office refused their asylum and human rights claim on July 12 th.

Three days later, on July 15th, the father, Houcine, who is originally from Algeria, began a hunger strike. Drinking only water, he is at home with his Bosnian wife, Alma, and their three children, all of who were born in the UK. The eldest child is 11 and is a British citizen.

The Home Office say that Houcine cannot stay here because of a conviction handed down by an Italian court, which was undefended and for which Houcine has since been pardoned.
Read more <->here . . . .

What you can do to help: Email/Fax/Phone

Theresa May, Home Secretary
public.enquiries@homeoffice.gsi.gov.uk
Tel: 020 7035 4848 or 0870 606 7766

Mark Harper, Minister for Immigration,
ministerforimmigration@homeoffice.gsi.gov.uk
aTel: 020 7035 4848 or 020 7219 5056

Download model letter <HoucineSenoussaoui HomeOffice>, that can be used for both Ministers

Please let the Campaign know of any actions taken: admin@rapar.org.uk

From: Kath Grant <kath.northernstories@googlemail.com>


CAR [UK Condemns Unconstitutional Seizure of Power]

Baroness Berridge to ask Her Majesty's Government what assessment they have made of the political situation and law and order in the Central African Republic.[HL2071]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): The UK condemns the unconstitutional seizure of power in the Central African Republic (CAR) by the Seleka rebel coalition. We are deeply concerned about the humanitarian situation in the country, particularly reports of human rights violations, violence, and looting; and the difficulties humanitarian agencies face in gaining access to those in need. We urge CAR's National Transitional Council to work towards restoring security on the ground, and to ensure that civilians are protected.

We are working with our partners in the UN and EU to support the Economic Community of Central African States (ECCAS) and the African Union (AU) as they seek a lasting solution to CAR's instability. We welcome ECCAS and the AU's progress on increasing their efforts to restore stability to the country. But political progress towards the implementation of a constitutional government is also vital. We therefore welcome the April 2013 agreement that CAR's National Transitional Council would uphold the spirit of the Librevllle agreement and that elections would he held within 18 months.
<> House of Lords: 12/08/13


Garden Court Chambers - Immigration Law Bulletin - Issue 337


Reminder: Stop the Governments 'Go Home Campaign'

Public Meeting: Support Immigrants in London

6:00 to 9:00 pm Tuesday 13 th August 2013
Open University In London· 1-11 Hawley Crescent· Camden Town· London NE1 8NP

The Refugee and Migrant Forum of East London( RAMFEL ) and Migrants' Rights Network (MRN) have joined forces to run a series of public workshops across London to support migrant and refugee community organisations, activists and interested individuals ot campaign agaisdt the 'Go Home' campaign and the summer of attacks on immigrants.

Human rights organisations have said the government's targeting of illegal immigrants over the past two weeks is a cynical ploy that will foster hostility to minority groups, creating a climate of fear and intolerance that threatens to put race relations back decades.


Claims Certified as Unfounded
A person may appeal whilst in the United Kingdom where an asylum or human rights claim has been made but not where there has been certification of that claim or claims as clearly unfounded. Certification under s.94 (2) operates even where a claimant seeks to rely on grounds available to a party under s. 84 of the 2002 Act. It is the claim (which may comprise asylum and human rights elements) that is certified, not the decision made on the claim, regardless of any grounds which might otherwise be raised against that decision.


Immigration: [Series of Questions on Mobile Billboards]

Asked by Lord Greaves 
To ask Her Majesty's Government when the decision to deploy mobile billboards proclaiming that people who are in the United Kingdom illegally should go home or face arrest was made; when the mobile billboards were ordered; whether their use will be extended into other areas; and for how long they will be deployed.[HL1977]

The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): The Home Office is improving the visibility of its immigration law enforcement. This pilot has been in development since March 2013.

The mobile advertisement boards were formally ordered through a procurement process. Enquiries for the procurement process began on 24 June 2013.

This is a pilot scheme, therefore, depending on the success of the pilot, the use of the mobile billboards may be extended into other areas. The mobile billboards were deployed for one week commencing 22 July 2013 and finishing on 28 July.

Asked by Lord Greaves 
To ask Her Majesty's Government what procedures will be put in operation when a person surrenders to the police as a result of reading a mobile billboard proclaiming that people who are in the United Kingdom illegally should go home or face arrest; and in particular whether they will be immediately taken into custody.[HL1978]

Lord Taylor of Holbeach: It is hoped that those who read the message on the mobile billboards will take the suggested advice to text the Home Office to arrange their voluntary departure.

Home Office immigration enforcement works closely with the Metropolitan Police Service and has a number of immigration officers embedded in police custody suites under the Operation Nexus campaign. In cases where individuals are seeking to depart voluntarily, they are referred back to immigration enforcement to assist. Any decision to arrest will be based on individual cases, based on the threat posed by the individual. It is unlikely that the individual will be taken into custody if they choose to depart voluntarily.

Asked by Lord Greaves 
To ask Her Majesty's Government what approval procedures took place under the coalition agreement, and at what level, before the decision was made to deploy mobile billboards proclaiming that people who are in the United Kingdom illegally should go home or face arrest.[HL1979]

Lord Taylor of Holbeach: An operational tactic to deploy mobile billboards as part of a campaign to improve awareness of Immigration Enforcement activity and encourage voluntary departures was presented to the Immigration Minister, Mark Harper MP. On the basis that this was a pilot within the clear sole responsibility of the Home Office, cross Government agreement was not necessary.

Asked by Lord Roberts of Llandudno 
To ask Her Majesty's Government at the request of which Government Department was the "Go home or face arrest" billboard campaign prepared and displayed.[HL1986]

Lord Taylor of Holbeach: An operational tactic to deploy mobile billboards as part of a campaign to improve awareness of Immigration Enforcement activity and encourage voluntary departures was presented to the Immigration Minister, Mark Harper MP. On the basis that this was a pilot within the sole responsibility of the Home Office, cross Government agreement was not necessary.

Asked by Lord Roberts of Llandudno 
To ask Her Majesty's Government what London boroughs have been covered by mobile "Go home or face arrest" billboard campaign vans.[HL1987]

Lord Taylor of Holbeach: The following London boroughs have been covered by the mobile vans: Barnet, Hounslow, Barking and Dagenham, Ealing, Brent and Redbridge.

Source: <> House of Lords, 12/08/13

 

 

 

Court Rules Sudanese Family Can't be Removed To Irish Republic

A journalist who fled Sudan with her three children amid fears they would be killed due to her race and political views has won a legal challenge to being removed from Northern Ireland.

The woman, a non-Arab Darfuri who said she was subjected to genital mutilation aged five, was seeking to avoid being ordered to return to the Republic where they first claimed refugee status.

Quashing a UK Border Agency decision to send them back across the border, a High Court judge in Belfast yesterday ruled that it was in the family's best interests to remain in Northern Ireland.
Read more: <>   Belfast Telegraph, 15/08/13


Militants Kill 44 Worshippers at Nigeria Mosque
Suspected Islamic militants wearing army fatigues gunned down 44 people praying at a mosque in northeast Nigeria, while another 12 civilians died in an apparently simultaneous attack, security agents have said.

Sunday's attacks were the latest in a slew of violence blamed on religious extremists in this West African oil producer, where the radical Boko Haram group, which wants to oust the government and impose Islamic law, poses the greatest security threat in years.

It was not immediately clear why the Islamic Boko Haram would have killed worshipping Muslims, but the group has in the past attacked mosques whose clerics have spoken out against religious extremism. Boko Haram also has attacked Christians outside churches and teachers and schoolchildren, as well as government and military targets. Since 2010, the militants have been blamed for the killings of more than 1,700 people.
Read more:  <> Telegraph, 13/08/13


[Wishes/feelings of Child Before Decision to Detain Parents]

Baroness Lister of Burtersett to ask Her Majesty's Government how the Home Office ascertains and takes into account the wishes and feelings of children before making decisions to hold parents in immigration detention, continue their detention, or deport or forcibly remove them; and how the Home Office's duties to safeguard children and promote their welfare under section 55 of the Borders, Citizenship and Immigration Act 2009 are implemented in such situations.[HL1633]

The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): Where detention of an immigration offender, or continued detention in the case of a criminal who is already separated from his family by virtue of the custodial sentence passed by the courts, will affect a pre-existing family unit it is our practice to ensure that safeguarding child welfare issues are taken into account, and weighed against the need to detain and implement deportation or removal. In such cases close attention is given to Article 8 of the European Convention on Human Rights, and Article 3 of the United Nations Convention on the Rights of the Child. The aims of both these are supported by paragraphs 396 to 400 of the Immigration Rules. These changes were introduced on 9 July 2012 so as to deliver in individual cases where a parent is liable to deportation outcomes that are compatible with the two conventions mentioned and with Section 55 of the Borders, Citizenship and Immigration Act 2009. In all such cases we are open to discovering the views of the children concerned. This is done principally through the parents and others who are in close contact with the children and are trusted by them.
Source: <>  House of Lords, 12/08/13


Kashmir: Violence Escalates Between Hindus And Muslims
India extended curfews over nine towns throughout Jammu and Kashmir today as Hindu-Muslim violence spread throughout the state and Indian and Pakistani forces clashed on their disputed border.

Tensions have escalated since five Indian troops were shot dead last week by Pakistanis on the Line of Control between the nuclear rivals. Unusually, the violence is not centred on muslim-majority Kashmir, but Jammu, the southern part of the state, where Hindus account for 60 per cent of the population.
Read more: <l> Telegraph, 11/08/13


Jimmy Mubenga Coroner Issues Damning Report On Deportations

A coroner who oversaw the inquest into the death of the Angolan deportee Jimmy Mubenga has issued a highly critical report that raises a series of concerns about the way the government and private contractors deport people from the UK. Mubenga, 46, died after being restrained by three G4S guards on board a plane at Heathrow airport that was bound for Angola in October 2010. Last month, at the end of an eight-week inquest, a jury of seven men and three women recorded a majority verdict of nine to one of unlawful killing after four days of deliberations.

The coroner, Karon Monaghan, has now written a 30-page "rule 43 report" setting out recommendations to avoid future deaths in which she raises concerns about:

¥ A system of payment that rewards guards if they can keep a detainee quiet until the aircraft takes off;

¥ Evidence of "pervasive racism" among G4S detention custody officers who were tasked with removing detainees;

¥ Fears that these racist attitudes Ð and "loutish, laddish behaviour É Inappropriate language, and peer pressure" Ð are still common among escort guards today;

¥ Lack of "scenario specific" training for those tasked with trying to restrain people on aircrafts;

¥ Evidence of the use of dangerous restraint techniques such as "carpet karaoke" where detainees' heads are forced downwards to prevent them upsetting the passengers or causing the captain to abort the removal;

¥ and concern that many guards were not officially accredited to carry out removals meaning they would have been acting illegally.

Matthew Taylor, guardian.com, 04/08/13


Justice for Houcine and Alma
13 years of struggle to achieve safety and a Manchester family are still living on tenterhooks each day in their Moss Side home after the Home Office refused their asylum and human rights claim on July 12 th.

Three days later, on July 15th, the father, Houcine, who is originally from Algeria, began a hunger strike. Drinking only water, he is at home with his Bosnian wife, Alma, and their three children, all of who were born in the UK. The eldest child is 11 and is a British citizen.

The Home Office say that Houcine cannot stay here because of a conviction handed down by an Italian court, which was undefended and for which Houcine has since been pardoned.
News From RAPAR read more <>here . . . .


(1) C1 (2) C2 (3) C3 - and - SSHD

1) This claim for judicial review is concerned with the scope of the Secretary of State for the Home Department's ("SSHD") Mandate Refuge policy and the manner in which she reached her decisions in three related cases decided under that policy.

3) The challenged decisions. The first claimant ("C1") and her daughter, the second claimant ("C2") and son, the third claimant ("C3") are challenging the SSHD's decisions dated 15 August 2012 to maintain her two earlier decisions dated 17 May 2012 and 27 July 2012 to refuse applications made on behalf of C1 and C2's to accept them for resettlement in the United Kingdom as mandate refugees. A third related application made on behalf of C3 for resettlement was permitted in a decision dated 17 May 2012. C3 now challenges the refusal decisions concerning his mother and sister on article 8 grounds. The decision-making process in the case of C1 and C2 involved an initial refusal decision followed by a reconsideration decision maintaining the initial decision followed by a second reconsideration decision that again maintained the initial decision. This decision-making process was in reality a continuum and the parties have treated the decision in each case to have been a composite decision in three parts that was reached on 15 August 2012. In this judgment, I will approach the decisions for C1 and C2 in the same way.

Conclusion
The decisions of the SSHD cannot stand and must be quashed. They are unlawful since they are erroneous in law and they take into account factors that should not be taken into account and they fail to take into account factors they should have taken into account. There is no reasoned decision that explains the findings that were made and their relevance to the policy. The decision was neither structured nor compliant with the policy. Its conclusions were, given the extent of its failings, perverse.
http://www.bailii.org/ew/cases/EWHC/Admin/2013/2415.html


Last updated 17 August, 2013