Plans for imminent forced removals to Northern Iraq, Stopped

Message from the Refugee Legal Centre

"We had heard that the Secretary of State was proposing forced removals to Iraq on 6 and/or 13 September 2005. This was the basis on which we had requested a response from the Treasury Solicitor by the close of business today.

We've just been informed by the Treasury Solicitor's office that:

"I can confirm that, whether or not flights take place (as to which there is no definitive position), they would only be for "Assisted Voluntary Returns" not for enforced returns to Iraq."

In light of this, we cannot restore the interim relief application to the court on an urgent basis. It seems that the Secretary of State does not want to be seen to be back tracking in light of the comments made by Collins J. But that, at present, there is no plan for imminent forced removals.

In light of the Secretary of State's position, please could colleagues keep us informed of any indication in bail summaries regarding dates for proposed removals?"

Many thanks.
Sonal Ghelani
Refugee Legal Centre

The Refugee Legal Centre have have provided the following briefing on the Court hearing before Justice Collins on Friday the 26th August.

+++++++++++++++++++++++++++++++++++++++++++++++++

Note regarding removals to Iraq

On 26 August 2005, Collins J heard an application for interim 'class' relief made by Mr Amin (CO/6595/2005).

Mr Amin was applying to the court for:

1 an interim order staying the removal to Iraq of those asylum seekers who have not issued judicial review claims; alternatively

2 an interim order requiring the Secretary of State to notify those Iraqi failed asylum seekers of their right to claim judicial review and that the Refugee Legal Centre may assist them to bring such claims

At the hearing, Treasury Counsel informed the court that although 28 August 2005 was one of several dates canvassed as possible dates for enforced removals, no directions for removal had been set for 28 August 2005. Further whilst it was the Secretary of State's intention to proceed to forced removals as soon as practicable, no removals were scheduled over the bank holiday weekend.

Treasury counsel was also clear that as Mr Amin had lodged a claim for judicial review, no steps would be taken to remove him whilst the claim is outstanding.

In light of the fact the hearing was taking place on an urgent basis towards the end of the working day, and in light of the assurances regarding removals generally and the protection from removal afforded to Mr Amin by his issuing a claim, the judge made no order regarding the general relief sought on behalf of all Iraqi nationals liable to removal. He made clear that he had not heard full argument on the issue of whether the court had jurisdiction to make such an order.

The judge also expressed concern at the Secretary of State's approach to cases involving Iraqi nationals and gave a clear indication to the following effect:

1 The Secretary of State should be carrying out an exercise to identify which cases may fall within the scope of the judgment of the Court of Appeal in the case of Rashid [2005] EWCA Civ 744;

2 No Iraqi national should be removed pending such a review;

3 No Iraqi national whose case is potentially within the policy clarified in the case of Rashid should be removed pending clarification by the courts of the scope of the judgment of the Court of Appeal in Rashid; and

4 Once the review is complete, all those Iraqi nationals who remain liable to removal should be informed of their right to lodge a claim for judicial review and given details of how they may access legal advice and representation in order to do so.

The judge also stated that if the Secretary of State did '….anything which contravenes the desires that I have expressed, [he] may find [himself] brought straight back to court and a dim view taken with consequences as a result.'

A letter has been sent to the Treasury Solicitor asking for urgent clarification of the Secretary of State's position in light of the judge's comments and a response has been requested for the close of business today (1 September 2005). If the Secretary of State does not intend to suspend removals on the basis of the comments of Collins J, then the application for interim relief will be restored for a further urgent hearing.

Sonal Ghelani and Raza Husain
For the Refugee Legal Centre      

End of Bulletin: