UKBA Mismanages Foreign National Prisoners
The Chief Inspector of the UK Border Agency has issued his most recent thematic report on the UK Border Agency's management of foreign national prisoners.
Key points of interest to JCWI revolve around the poor level of decision making by UKBA both in relation to deportation and detention. The consequences arising from this are that people are subject to deportation action, or even detained, in circumstances in which they shouldn't be. The report in particular notes:
Joint Council for the Welfare of Immigrants, 28th October 2011
Children Entering detention - September 2011
11 children entered Cedars Pre-Departure Accommodation
4 children entered Tinsley House IRC
1 child entered Dungavel IRC
Source: Home Office 27th October 201
Against Her Will: Forced and Coerced Sterilization of Women Worldwide
Women across the globe have been forced or coerced by medical personnel to submit to permanent and irreversible sterilization procedures. Despite condemnation from the United Nations, cases of forced and coerced sterilization have been reported in North and South America, Africa, Asia, and Europe. Women who are poor or stigmatized are most likely to be deemed "unworthy" of reproduction. Perpetrators are seldomly held accountable and victims rarely obtain justice for this violent abuse of their rights.
Many women rely on voluntary sterilization to control their fertility, but, too often, sterilization is not a choice. Coerced sterilization occurs when financial or other incentives, misinformation, or intimidation tactics are used to compel an individual to undergo the procedure. Additionally, sterilization may be required as a condition of health services or employment. Forced sterilization occurs when a person is sterilized without her knowledge or is not given an opportunity to provide consent.
Forced and coerced sterilizations are grave violations of human rights and medical ethics and can be described as acts of torture and cruel, inhuman, and degrading treatment. Forcefully ending a woman's reproductive capacity may lead to extreme social isolation, family discord or abandonment, fear of medical professionals, and lifelong grief.
Open Society Institute (OSI), 26 October 2011
NoBorders Convergence 2012
In February 2012 London NoBorders is organising a week-long series of
seminars, workshops and actions against immigration controls.
The first planning meeting is taking place at 6.30pm on Thursday 27th
October at Room RHB 143, Richard Hoggart Building, Goldsmiths University, New Cross, SE14 6NW.
Please come along with your ideas and energy!
http://london.noborders.org.uk/convergence2012
From: "London NoBorders" <noborderslondon@riseup.net>
Ebenezer, Daisy & Zillah - Must Remain in the UK
Ebenezer Kahiriri and her daughters Daisy aged 2 years 11 months and Zillah aged 1 year 7 months, both born in the UK have been instructed by UKBA to forcibly deport themselves from the UK on Virgin Atlantic flight VS 601 from London Heathrow to Johannesburg @20:30 hrs on Thursday 27th October 2011 for onward transport to Namibia. UKBA have arranged a taxi to take them from their home in Cardiff to the airport.
Ebenezer arrived in the UK on the 23/09/2004 on a 2 year working holiday visa. She had chosen this route as an escape from life as a street kid in Namibia, she had abandoned her parental home, after constant sexual abuse by her stepfather.
In the UK she met and settled with another national of Namibia and they lived in Bristol from 2004 to 2006 and then Cheltenham from 2007 to 2010. Daisy and Zillah were born December 2008 and March 2010. But the relation deteriorated, due to domestic violence and Ebenezer had to seek refuge in a women's hostel.
She moved to Cardiff in 2011 and made a claim for asylum, which was refused, as was the subsequent appeal. Although Ebenezer has been in the UK for 7 years, she has not been long enough in Cardiff to establish any viable community support. And is currently being helped by Congolese Community of Wales.
Though it is not certain, Ebenezer is sure the father of her children is back in Namibia, as the last contact she had from him, was when he called her from a UK IRC in October 2010.
Ebenezer's mind is firmly fixed on her children, if removed to Namibia, she feels she has no way of protecting them from the many societal abuses she has faced and are endemic in Namibia.
US: Human Rights Report: Namibia
Human rights problems included police use of excessive force; prison overcrowding and poor conditions in detention centers; arbitrary arrest, prolonged pretrial detention, and long delays in trials; criticism of nongovernmental organizations (NGOs); harassment and political intimidation of opposition members; and official corruption.
Societal abuses included violence against women and children, including rape and child abuse; discrimination against women, ethnic minorities, and indigenous people; child trafficking; discrimination and violence based on sexual orientation and gender identity; and child labor.
She is seeking Your Support to remain in the UK
What you can do to help / Please take urgent action now
1) Email/Fax/phone, Steve Ridgway CEO Virgin Atlantic Airways and urge him not to carry out the forced removal of Ebenezer Kahiriri, Daisy & Zillah.
Download model letter ' EbenezerDaisy&ZillahSR.doc. You can copy, amend or write your own version, if you do - please quote, Ebenezer Kahiriri, Daisy & Zillah due to be forcibly removed from the UK on Virgin Atlantic flight VS 601 from London Heathrow to Johannesburg @20:30 hrs on Thursday 27th October 2011.
Customer.relations@fly.virgin.com
Tel: 0871 964 0013/ Fax: 0844 209 8708
Or use Customer service Flight feedback form
2) Email/Fax Theresa May, Home Secretary. Ask her to exercise her discretionary powers to stay the removal of Ebenezer Kahiriri, Daisy & Zillah and allow them protection in the UK.
Download model letter, EbenezerDaisy&ZillahTM.doc or alternatively write your own one. Please remember to quote Ebenezer Kahiriri, Daisy & Zilla's Home Office Reference number K1254291 in any correspondence.
Rt. Hon Theresa May, MP
Secretary of State for the Home Office,
2 Marsham St
London SW1 4DF
Fax: 020 7035 4745
Emails:
mayt@parliament.uk
Emails: Privateoffice.external@homeoffice.gsi.gov.uk
UKBApublicenquiries@UKBA.gsi.gov.uk
"CIT - Treat Official" <CITTO@homeoffice.gsi.gov.uk>
3) Email/Fax Nick Clegg, Deputy Prime Minister: Ask him to intervene with the Home Secretary Theresa May to stop the forced removal of Ebenezer Kahiriri, Daisy & Zillah.
Download model letter EbenezerDaisyZillahNC.doc. You can copy, amend or write your own version - if you do please remember to include the following: Ebenezer Kahiriri, Daisy & Zillah, Home Office Reference: K1254291, due to be forcibly removed from the UK on Virgin Atlantic flight VS 601 from London Heathrow to Johannesburg @20:30 hrs on Thursday 27th October 2011.
Nick Clegg - Deputy Prime Minister's Office
Cabinet Office
70 Whitehall
London
SW1A 2AS
Correspondence Section:
Tel: 020 7276 0527
Fax: 020 7276 0514
pscorrespondence@cabinet-office.x.gsi.gov.uk
Please notify Ebenezer's support group of any action taken:
Congolese Community of Wales Cardiff
<congolesecommunityofwales@ymail.com>
Children and UK citizenship
A number of people have had their asylum cases decided as legacy cases by the UK Border Agency. In the majority of those cases, applications could have been made a number of years ago resulting with an eventual grant of indefinite leave to remain in the UK. Some cases were decided and indefinite leave to remain granted outside the immigration rules. Whatever the basis upon which indefinite leave to remain in the UK was granted the fact of the matter is that those people are now considered settled in the UK.
As people waited for their cases to be decided a number of children were born. The arrival of children did not necessarily require any valid leave to remain in the UK. Many children were born well before either of the parents gained status. It is significant to note that children born in the UK before any of the parents gained indefinite leave to remain could be registered as British citizens as soon as any of the parents gain indefinite leave to remain in the UK. Read the full article:
By Vitalis Madanhi, New Zimbabe, October 22nd 2011
Filipino caregivers protest new immigration law in UK
Overseas Filipino workers (OFWs) in the United Kingdom met several British lawmakers last week to protest a new immigration law that would disallow thousands of lowly paid migrant caregivers from settling in the UK after five years of work.
At the three-hour meeting at the House of Commons at Westminster in London, OFWs led by the Kanlugan Alliance of Filipino Organizations, relayed to Members of Parliament their concerns about a new policy by the UK Border Agency not to renew visas for anyone who was not being paid the minimum hourly rate of 7.02 pounds (about P486) set for senior care workers.
"The UK will need skilled migrant care workers for the foreseeable future. Skilled migrant care workers are hardworking families. Settlement is one of the main reasons why they come to Britain. It's unfair to change immigration rules for people already settled who've planned for their lives. Salary level should not determine who settles," Kanlungan said in a statement.
Kanlungan leaders and representatives from other groups such as the Migrant Rights Network and the Unison also met with the All-Party Parliamentary Group on Migration.
Jerome Aning, Philippine Daily Inquirer, 24/10/11
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Important briefing on Children Facing Removal from the UK
In a judgment handed down on Tuesday 25th September, HH Judge Anthony Thornton QC has given some very interesting guidance on the scope of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009 following the guidance of the Supreme Court in the landmark case of ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4. The case is R (on the application ofÊTinizaray)Êv Secretary of State for the Home Department [2011] EWHC 1850 (Admin).
The judge carefully examines section 55 and the judgment in ZH (Tanzania) and gives sensible, useful guidance on similar cases:
Read the briefing is by "Free Movement' the blog
Mildred and family can stay in Sheffield!
I am sure you all will be pleased to learn that that Mildred Okpara has just received her official notification that she and her three children have been given leave to remain the the UK.
She wants to thank 'Freemovement' supporters who responded to the alert for Mildred and her children, particularly as without their help we would not have been able to build such an effective campaign throughout the country.
Mildred and the children were requested by UKBA to forcibly deport themselves in September, but they never went to the airport. They stayed in Sheffield and campaigned against the removal.
Keep up the good work everyone,
Sheena Clarke
On behalf of Mildred and Kirklees Refugee Forum
Britain unable to deport more than 5,000 foreign offenders
Chief inspector of immigration says UK Border Agency must to more to manage the 5,375 cases pending deportation
In an inspection report published on Thursday, John Vine, the independent chief inspector of immigration, says the UK Border Agency (UKBA) must do more to manage the 5,375 foreign prisoners who, having completed their sentences, have remained in detention or have been released into the community pending deportation.
Vine also warns that the UKBA would do better to take more account of human rights rulings by judges - particularly those that block deportations on the grounds of article 8 of the Human Rights Act, the right to family life - rather than wasting large sums of taxpayers' money on a futile cycle of further appeals, even though the outcome will be that the former prisoner will be allowed to stay in Britain.
"A significant number of appeals continue to be allowed against decisions to deport, in most cases because deportation would breach the UK's obligation to the individual under the Human Rights Act," says the former Strathclyde chief constable. "The agency must work to reduce the number of decisions overturned on appeal and take full account of the court's decisions in deciding whether deportation action is appropriate or whether it would breach a person's rights under article 8."
Alan Travis, , The Guardian, Thursday 27 October 2011
Australia: Accepted refugee commits suicide in detention
A 27-year old Tamil man died last night (Tuesday 24th) after committing suicide in Sydney's, Serco managed, Villawood detention centre, drawing the ire of many refugee advocacy groups who blame the Australian immigration system. It marks the sixth suicide of a refugee in Australian detention since last year, with four of them having occurred at Villawood.
The man was deemed to be a genuine refugee and was awaiting security clearance from the Australian Security Intelligence Organisation (ASIO). He had been held in detention by Australian authorities for over 2 years after fleeing Sri Lanka, first at Christmas Island before being transferred to Villawood.
Tamil Guardian, 26/10/11
Kenya: Sexual violence still a major urban threat
The streets of Kenya's big cities are notoriously dangerous at night - Reports of gender-based violence are on the rise in Kenya's cities, and experts say the police must improve their handling of cases of sexual assault to build public trust in the security and justice systems. According to police sources, some 3,200 cases of gender-based violence were reported to the police countrywide in 2010, up from 2,800 in 2009.
"Sexual violence is not just a risky issue in terms of one getting infected with HIV or any other sexually transmitted infection, [but] victims normally feel ashamed - we live in a society where the victim is blamed and hence many would rather not report it either to the police or even to their families," said Olga Masinde, a psychology lecturer at the University of Nairobi.
IRIN, 26/10/11
Uganda: Proposal to scrap bail could worsen abysmal prison conditions
- Ugandan human rights activists are concerned that President Yoweri Museveni's proposal to do away with bail for people suspected of committing certain crimes could swell the country's already overcrowded prison system and exacerbate severe problems in delivering health services to inmates.
Museveni announced the move to amend the Constitution and the Penal Code in May following "Walk to Work" protests over high food and fuel prices. The proposed law would allow judges to deny bail for at least six months to people arrested for treason, terrorism, rape, economic sabotage and rioting.
IRIN, 26/10/11
Legal aid cuts 'will force victims of human trafficking to claim asylum'
Victims of human trafficking who end up in the UK could be forced to claim asylum to stay in the country, the general secretary of the Immigration Law Practitioners Group has warned. Alison Harvey said asylum claims would continue to be publicly funded under the legal aid bill, but other immigration cases would not, apart from those involving detention or questions of national security.
Solicitors Journal, 25 October 2011
Right to family life should not interfere with EU system for allocating asylum responsibility
N.A. (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 - read judgment
This application raises a significant issue about the treatment of vulnerable asylum-seekers and their children following certification of their claim as clearly unfounded.
It concerned the interface between state authorities' obligations under the EU system of determining responsibility for examining asylum claims under the Dublin II Regulation (2003/34/EC), on the one hand, and their obligations under the European Convention of Human Rights on the other. Although Convention rights theoretically form part of the "principles" of EU law, this case is a neat illustration of how the states' duties under the two regimes are subtly different, and how attentive the courts have to be to the individual circumstances of the case.
Rosalind English, Human Rights Blog, October 24th 2011
Black History Month - The struggle never stops
Most of us ethnic minorities will know by now that October is Black History Month the one month in the year set aside to celebrate our contribution to our communities and Britain as a whole. Going back to the war effort when Britain was still an empire and we were her subjects, fighting for Queen and Country.
How ironic is it that UKBA\The British Government chooses Black History Month of all months to deport or want to deport 88 year old Lydia Werrit, (Lydia Werrit like myself is mixed race). Her husband fought for Britain during WW2, which only goes to shows that Britain is morally bankrupt or suffers terrible amnesia when it suits her. Remember the battle of the Gurkhas for immigration recognition, why does Lydia Werrit deserve any less.
Read full commentary by Nellie de jongh
The truth won't kill you but it sure is inconvenient
A pointedly appropriate saying comes to mind as the nation continues to heatedly debate immigration reform and some states launch anti-immigrant laws: the truth won't kill you but it sure is inconvenient. People opposed to immigration reform don't like hearing the truth about immigrants and consequently try to drown out rational debate with venomous polemics. Some state legislatures invent emergencies to stoke anti-immigrant fear and pass racist laws that will not withstand constitutional scrutiny.
But, the truth lives in every street corner labor pool, hiring line, construction site, farm, and meatpacking plant. Just as it has since colonial days, the inconvenient truth is that America is addicted to immigrant labor. Always has been and always will be. We can't ignore it. Our love of our reasonably-priced standard of living won't let us. Even now despite the fact that 99 percent of us struggle through an anemic economic environment, big money makes its profits not in small part because of its exploitation of immigrant and foreign labor. The truth is that the big players in America's economy thrive because America shoots up immigrant labor. Nowadays, however, in addition to sucking up immigrant labor within our borders, big capital goes out to the source and still comes up big while the rest of us founder on the shreds of the American dream.
Huffington Post, 24/10/11
Can Britain "ignore Europe on human rights"?
Headlines are important. They catch the eye and can be the only reason a reader decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times' front page headline was "Britain can ignore Europe on human rights: top judge".
But can it? And did Lord Judge, the Lord Chief Justice, really say that?
To paraphrase another blog, no and no. The headline, which I am fairly sure was not written by Frances Gibb, the Times' excellent legal correspondent and writer of the article itself, bears no relation to Lord Judge's comments to the House of Lords Constitution Committee (see from 10:25). It is also based on a fundamental misunderstanding of how the European Convention on Human Rights has been incorporated into UK law.
Adam Wagner, UK Human Rights Blog, October 23rd 2011
Stop deportations of Tamils of Sri Lanka
Protest at Home Office against Tories who prefer friendship with Sri Lankan president Rajapaksa to human rights.
Wednesday 26th October
Assemble 4:00 pm - Ends 6:00pm
2 Marsham Street
London SW1P 4DF
Nearest Tube Station: St. James's Park
Contact: T.Nilavan / 079 3102 9835 /
nilavan@tamilsolidarity.org / info@tamilsolidarity.org
http://www.tamilsolidarity.org/
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