High Court Ends Fast Tracking of Asylum Appeals!

The Court of Appeal has today Friday 26th June 2015, finally brought to a halt the Detained Fast Track appeals process for asylum-seekers in detention. The Court of Appeal has lifted with immediate effect the stay on the High Court Order of 12 June 2015 ruling that the Fast Track appeals process is unlawful.

As a result, the Home Office can no longer impose the tight Fast Track deadlines on asylum seekers making appeals in detention. Asylum-seekers can no longer be detained throughout the asylum process simply for claiming asylum. The Fast Track has now been found to be unlawful three times by the British courts. Until now, on each occasion the Home Office has been permitted to continue operating it.

Any asylum seeker, from any country, can be placed on the Detained Fast Track if the Home Office considers that their case can be decided quickly. The Fast Track is not restricted to cases considered weak or without merit. Many asylum-seekers on the Fast Track are from countries experiencing conflict or violence like Afghanistan and Sri Lanka.

The High Court two weeks ago quashed the procedural rules governing the Detained Fast Track asylum appeals, under which appeals are processed according to severely truncated timescales. Mr Justice Nicol concluded that the Fast Track Rules 'do incorporate structural unfairness', and were therefore unlawful.

However, Mr Justice Nicol granted the government a stay on the Order until the government's appeal is heard, on the grounds of the inconvenience to the government of suspending the process. This stay has now been lifted.

Speaking from outside the Court of Appeal today, our Director, Jerome Phelps, said: 'We are delighted that asylum-seekers will no longer face a detained appeals process that is so unfair as to be unlawful. It is unfortunate that it has taken so many court rulings to finally suspend this deeply flawed process. People seeking protection from war and persecution deserve better from British justice. We hope that the government will take this opportunity to reflect and develop a different approach that is fair.'

Detention Action, Friday 26th June 2015
http://tinyurl.com/Fast-Track-Bites-the-Dust
Thousands of Civilians Fleeing 'Rule of Fear' in Eritrea
A United Nations-appointed commission of inquiry today warned that the dire situation in Eritrea can no longer be ignored and called on the UN Human Rights Council to maintain close scrutiny on violations committed in the Horn of Africa nation that may constitute crimes against humanity. "The number fleeing such a small country – estimated at 5,000 people each month – is forcing the outside world to take notice," Mike Smith, Chairperson of the Commission of Inquiry on Human Rights in Eritrea, told the 29th session of Council, which is meeting in Geneva, Switzerland, upon delivering the nearly 500-page report.

"Eritrea's dire human rights situation can no longer be ignored. Imagine the impact of this uncertainty on young Eritreans who lose all control over their own futures. Is it any wonder that Eritreans – most of them young people – are the second largest nationality after Syrians to resort to seaborne smugglers to cross the Mediterranean to Europe?" The number of Eritreans fleeing their country reached more than 400,000 – nearly doubling over the past six years, according to the UN refugee agency.
Read more: UN News Centre, <>24/06/2015

Rule 35 (1) Reports Q1 January/February/March 2015

Rule 35(1) of the Detention Centre Rules 2001 requires medical practitioners working in immigration removal centres to report to the centre manager about the case of any detained person where they have concerns that the detainee's health is likely to be injuriously affected by continued detention, or by any conditions of detention.

Rule 35(i) reports made by Medical Practitioner to Home Office 25

Number of detainees Rule 35(i) reports relate to 24

Of which, number of Rule 35(i) releases from detention 12

Deportation - Not if Deportee Faces the Death Penalty
Greg Mulholland: To ask the Secretary of State for the Home Department, what her policy is on the
deportation of people to countries which use the death penalty.

James Brokenshire: Where legally permissible we will deport foreign nationals to countries with the death
penalty, provided the individual will not face the death penalty when they return.

Hansard Written Answers: [2013], < > 23/06/2015

UKHO CIG: Occupied Palestinian Territories (OPTs):

Security and Humanitarian Situation

Guidance - Date Updated: 19 June 2015

1. Introduction

1.1 Basis of Claim

1.1.1 That the general humanitarian situation in the Occupied Palestinian Territories (OPTs) is so severe as to make removal a breach of Article 3 of the European Convention on Human Rights (ECHR); and/or

1.1.2 That the security situation in the OPTs presents a real risk which threatens life or person such that removal would be in breach of Article 15(c) of European Council Directive 2004/83/EC of 29 April 2004 ('the Qualification Directive'), which applies where there is a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict).

Published on Refworld, 22/06/2015

Self-Harm in Immigration Detention January Through March 2015

19% Increase in Suicide Attempts of Immigration Detainees Q1/2015

There were 70 suicide attempts in Harmondsworth IRC, January through March 2015, a 311% increase over the previous quarter October through December 2014 in which their were 17.

Yarl's Wood recorded 26 attempts 5 more than the last quarter of 2014, one individual made more than one attempt but UKHO would not specify the number of attempts.

In Total there were 160 recorded incidents of Self-Harm requiring medical attention.

These figures show a very worrying acceleration of Suicide attempts; in the first two quarters of 2014 their were 61 attempts in Q1 the same in Q2 - In quarter 3 their were 97 and in quarter 4 their were 134 and rose to 160 in the first quarter of this year.

There was a decrease in the number of Individuals 667 on Formal Self-Harm at Risk, 9 fewer than in the previous quarter.

Since 1989, there have been 22 deaths in IRCs

Since January 2007 there have been 1,997 attempted suicides across the UK Detention estate

Since January 2007 there were over 14,856 persons on suicide watch across the UK Detention estate

'No-Deportations asked for figures on self-harm in immigration detention between January through March 2015 inclusive, under the following headings:

1. Number of individuals on formal self - harm at risk.

2. Number of Incidents of self -harm requiring medical treatment.

3. Number of deaths if any.

In Campsfield House, Brook House, Colnbrook, Dover, Dungavel, Harmondsworth, Haslar, Morton Hall, Tinsley House, Yarl's Wood IRC's, The Verne, Cedars pre-departure accommodation and any short-term holding centres.

There have been no deaths within the detention estate during this period.

Editors note: UKHO will not provide data on detainees, who die within 72 hours of release from detention. They are required to provide this information for those discharged from prison/police custody/Secure Mental Health facilities.

Statistics for the years 2007 through 2014 can be found here . . . .

Thousands of Civilians Fleeing 'Rule of Fear' in Eritrea
A United Nations-appointed commission of inquiry today warned that the dire situation in Eritrea can no longer be ignored and called on the UN Human Rights Council to maintain close scrutiny on violations committed in the Horn of Africa nation that may constitute crimes against humanity. "The number fleeing such a small country – estimated at 5,000 people each month – is forcing the outside world to take notice," Mike Smith, Chairperson of the Commission of Inquiry on Human Rights in Eritrea, told the 29th session of Council, which is meeting in Geneva, Switzerland, upon delivering the nearly 500-page report.

"Eritrea's dire human rights situation can no longer be ignored. Imagine the impact of this uncertainty on young Eritreans who lose all control over their own futures. Is it any wonder that Eritreans – most of them young people – are the second largest nationality after Syrians to resort to seaborne smugglers to cross the Mediterranean to Europe?" The number of Eritreans fleeing their country reached more than 400,000 – nearly doubling over the past six years, according to the UN refugee agency.
Read more: UN News Centre,<> 24/06/2015

Early Day Motion 178: Situation In Burundi
That this House expresses deep concern about the human rights, security and political situation in Burundi, and in particular about the political repression carried out by authorities against political opponents, and the situation of nearly 100,000 refugees driven away from their country by fear; expresses alarm that this security and political situation does not offer conditions conducive to peaceful, credible and inclusive elections for the legislative polls planned for 29 June, but bears the risk of mass killings and armed conflict; acknowledges and welcomes efforts carried out by the international community, including those by the African Union, the East African Community and the United Nations; further welcomes the recommendations made by the African Union Peace and Security Council on 13 June, in urging Burundi stakeholders to resume their political dialogue and to agree on new dates for the upcoming elections; further welcomes the conclusions adopted by the European Council on 22 June to support recommendations of the African Union; deeply regrets the decision expressed by Burundi's ruling party, the National Council for the Defence of Democracy-Forces for the Defence of Democracy (CNDD-FDD) not to take part in the political dialogue planned to be resumed under the aegis of international organisations; asks the UK Government to intensify its pressure on the Burundi government to press its members to participate in political dialogue and to postpone the upcoming elections as a matter of urgency; and in particular urges the UK Government to push the EU Council to start negotiations under article 96 of the Cotonou Agreement immediately.

Primary sponsor: Corbyn, Jeremy - House of Commons: <>23.06.2015

Early Day Motion 170: Anniversary of Detention of Andargachew Tsige
That this House is dismayed by the continued detention of UK national, and Ethiopian opposition activist, Andargachew Tsige, who was kidnapped from Yemen a year ago on 23 June and held since in solitary confinement in an undisclosed location in Ethiopia; notes with concern that Mr Tsige was sentenced to death in in absentia proceedings in Ethiopia 2009; deplores the absence of due process by the Ethiopian authorities in dealing with Mr Tsige's case; is extremely worried about Mr Tsige's current health and well-being; concurs with the UN Working Group on Arbitrary Detention Opinion No. 2/2015 (on Ethiopia and Yemen) which concludes that the adequate remedy would be to release Mr Tsige and afford him adequate compensation; and calls on the Government to make further representation to the Ethiopian government about Mr Tsige's welfare and prison conditions, as a matter of urgency, and to urge the Ethiopian government to release and return him to the UK.

Sponsors: Corbyn, Jeremy / Durkan, Mark
House of Commons: <> 23.06.2015

Put your MP to work demand they sign EDM 170 and 178
Early Day Motions are very good ways of raising issues in parliament, which may not get debated in normal sittings of parliament.
You can contact your MP for free, through: WriteToThem.Com
http://www.writetothem.com/

UK stands accused over extradition of Andargachew Tsige
The Foreign Office has been accused of failing to act to prevent the extradition to Ethiopia of an opposition leader facing the death penalty. Andargachew Tsige, a British national, is secretary general of an exiled Ethiopian opposition movement, Ginbot 7. He was arrested at Sana'a airport on 23 June by the Yemeni security services while in transit between the United Arab Emirates and Eritrea. "The British knew he was being held in Yemen for almost a week but they did nothing," said Ephrem Madebo, a spokesman for Ginbot 7. "We are extremely worried about Mr Andargachew, because the Ethiopians kill at will."

The Foreign Office, which called in the Yemeni ambassador earlier this week, said it was urgently seeking confirmation that Andargachew was in Ethiopia. "If confirmed this would be deeply concerning given our consistent requests for information from the Yemeni authorities, the lack of any notification of his detention in contravention of the Vienna convention and our concerns about the death penalty that Mr Tsige could face in Ethiopia," the Foreign Office said in a statement.
Read more: Martin Plaut, Guardian, <>04/07/2014

Stop the Forced Removal of Raja Khouja & Mahmoud Alhassan

Priority Very Urgent: Email/Phone/Fax Qatar Airways

Raja Khouja, a women's rights campaigner from Syria, is detained at Yarl's Wood and threatened with removal to Saudi Arabia on Thursday 25th June 2015.

Raja (aged 56) is a member of the Syrian Republican Party and was involved in human rights activism on the internet, focused on the wider Arab world. She has written many times about her views on the denial of women's rights in Saudi Arabia. The Saudi Mutawa (the Committee for the Promotion of Virtue and the Prevention of Vice) has denounced her and she has received email and phone call threats of death, imprisonment and mutilation including for 'the opposite limbs to be cut off the body' were she ever to go to Saudi Arabia, the very country to which she is to be removed.

Raja is a Syrian national who has been living in Leeds, UK, with her Saudi husband Mahmoud Alhassan (aged 67) for four years. They were stranded in the UK by the emergency in Syria. They are much loved and respected by their community of friends here in Leeds and we are gravely concerned for Raja's safety were she to be forcibly removed to Saudi Arabia.

Raja and Mahmoud's application for asylum has not yet been fully considered. Despite this the Home Office plans to remove them imminently to Saudi Arabia on Qatar Airlines, where Raja will be in extreme danger.

Saudi Arabia - A Country of Concern to the UK
"We continue to have concerns over the human rights situation, particularly in relation to the use of the death penalty, access to justice, women's rights, and restrictions on freedom of expression, freedom of assembly and freedom of religion or belief." Foreign & Commonwealth Office, March 2015

Please show your support for Raja and Mahmoud by adding your name to their 'Online Petition' <> here . . . . and joining the campaign to stop the forced removal of our friends.

From: Leeds No Borders <leedsnoborders@riseup.net>
https://leedsnoborders.wordpress.com/

What you can do!

Contact Qatar Airways
Airport: Heathrow T4
Carrier: Qatar Airways
Flight: QR008 to Doha (Qatar) then QR1156 to Dammam (SA)
Date: Thursday 25th June 2015
Time: 16:00
Phone: Customer Services can be called on 0333 320 2454
Fax: 020 8797 5003
Model letter, use the text below or compose your own:

Akbar Al Baker
Group Chief Executive Officer
Qatar Airways
Email <akbar@qatar.net.qa>

Dear Sir,

Forced Removal of Raja Bachir Khouja and Mahmoud Alhassan
Flights QR008 departing 16:00 hours 25 June 2015.

I am writing to express to you my deep concern at the prospect of Raja Khouja and Mahmoud Alhassan being forcibly removed to Saudi Arabia on your airline.

Raja, a Syrian national and women's rights campaigner and her Saudi husband Mahmoud are being removed from the United Kingdom against their will.

Raja who, is a respected women's rights campaigner and a member of the Syrian Republican Party, has been accused of apostasy and threatened with mutilation by the Committee for the Promotion of Virtue and the Prevention of Vice for challenging their views on the place of women in society. If returned to Saudi Arabia, Raja faces the prospect of imprisonment mutilation, and very possibly much worse.

The United Kingdom Home Office has booked both Raja and Mahmoud on the above flight; I respectfully ask that Qatar Airways does not take them on-board.
If they are taken on-board I ask that you ensure that your crew is aware that both are being taken against their wills, and that force may be used against them on-board by the Home Office's private security contractors. I also request that you inform your medical officer as such a forced removal may result in physical injury to Raja and Mahmoud. I am especially concerned about the poor health of Mahmoud who is 68 years old and suffers from diabetes and extremely high blood cholesterol levels and has lost nearly 32 kilograms in the past two years due to the stress of their situation.

I ask Qatar Airways to look to its conscience and its excellent reputation and to refuse to be party to this injustice.

Yours Faithfully

[your name] [your address] [date] [signature]

Please let 'Leeds No Borders' of any actions taken:
Leeds No Borders <leedsnoborders@riseup.net>

30 Million Children Displaced by Conflict in 2014
Almost 60 million people worldwide were forcibly uprooted by conflict and persecution at the end of last year, the highest ever recorded number, the U.N. refugee agency said on Thursday, warning that the situation could deteriorate further. More than half the displaced from crises including Syria, Afghanistan and Somalia were children, UNHCR said in its annual Global Trends Report.

In 2014, an average of 42,500 people became refugees, asylum seekers, or internally displaced every day, representing a four-fold increase in just four years, the aid agency said. "I believe things will get worse before they eventually start to get better," U.N. High Commissioner for Refugees Antonio Guterres said at a news conference in Istanbul.
Read more: Joseph D'Urso, Thomson Reuters Foundation, <>18/06/2015

'A Justice System That Fails Children Ultimately Fails Society'
The treatment of children in judicial proceedings around the world, both civil and criminal, is not satisfactory and often "unacceptable," the UN human rights expert on the independence of judges and lawyers said today and called on countries to develop justice systems that are sensitive to the needs of children.

"Every day throughout the world, countless children suffer adverse consequences at the hands of justice systems that disregard or even directly violate their fundamental human rights," she noted. "Not only do children face the same obstacles as adults to access justice, but they also encounter challenges and barriers linked to their status of minors.Children still count among the most vulnerable to human rights violations and other types of abuse," Ms. Knaul said, calling on States to develop justice systems adapted to their needs and rights. "Justice must be child-sensitive; it needs to respect, protect and fulfil the rights of children and take into account their best interests."
Read more: Gabriela Knaul, UN Rapporteur, <> 10/06/2015

Minh, R (on the application of) v SSHD [2015]

At issue: Proper operation of the procedures for determining whether a person may be a victim of trafficking

(reasonable grounds decisions taken by the Competent Authority in this case were flawed by failures to address the right question; to apply the right burden of proof; and failures to apply the sympathetic and inquisitorial approach to credibility advocated in the Defendant's Guidance)

The issue in this case and the correct approach
This is a case about the proper operation of the procedures for determining whether a person may be a victim of trafficking. The Claimant is a Vietnamese man born in 1990. He was detained when entering the UK in the back of a lorry from France on 2 September 2013. The issue in this case is whether, in the series of decisions under challenge taken in the six weeks that followed that date (on 20 September, 25 September and 14 October 2013) the decision-maker erred in reaching the decision that there were "no reasonable grounds" to conclude that the Claimant was a victim of trafficking for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings, CETS No 197 ("the Trafficking Convention").

The Court's role is not to determine for itself whether there were or not such reasonable grounds, but to decide whether the decision-maker properly addressed himself to the right legal issue, and reached his decision on the basis of a rational application of the Defendant's policy guidance as to how this issue should be approached.

However, as well as an ordinary public law challenge, the Claimant says that the Defendant's failure correctly to apply her own Guidance meant that there was a breach of Article 4 of the European Convention on Human Rights (ECHR), which imposes positive obligations to take proportionate steps to investigate where there are indications that a person might have been subjected to trafficking by a third party.

Relief
129. For these reasons, I find that the reasonable grounds decisions taken by the Competent Authority in this case were flawed by failures to address the right question; to apply the right burden of proof; and failures to apply the sympathetic and inquisitorial approach to credibility advocated in the Defendant's Guidance.

130. In the circumstances, the decision-maker breached the positive obligation of reasonable investigation in Article 4 ECHR, contrary to section 6(1) Human Rights Act 1998.

131. The relief sought is that the reasonable grounds decision be quashed and remitted for reconsideration, and that there be a declaration of the breach of Article 4. No discretionary grounds for refusing that relief were advanced by the Defendant in either the summary of detailed grounds of resistance, the skeleton argument or oral argument.

132 Accordingly I will grant the relief sought. Both parties submitted at the hearing that costs should follow the event. Subject to any submissions to the contrary, I will order that the Defendant should pay the Claimant's costs to be assessed if not agreed, and that there be a detailed assessment of the Claimant's costs for the purposes of public funding. Any consequential applications can be dealt with in writing.

http://www.bailii.org/ew/cases/EWHC/Admin/2015/1725.html