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Sheriff Officers Prevented from Evicting Elderly Asylum Seeker

Tim Waterstone | 30.03.2006 13:50 | Anti-racism | Migration

Sheriff officers arrived at a tower block in Cardonald, Glasgow, Wednesday morning (29th March) expecting to take possession of Mr Bajaj's flat and if necessary "place him out on the landing". They were prevented from doing so because they were met by friends and supporters of the family including Glasgow No Borders activists and Rosie Kane MSP.

Dapper (but surprised) Sheriff Officer arriving
Dapper (but surprised) Sheriff Officer arriving

Explaining once again that we won't be allowing access
Explaining once again that we won't be allowing access

The Sheriff Officer receiving the call to back off
The Sheriff Officer receiving the call to back off

Police left without intervening
Police left without intervening


Mr Bajaj is an elderly and frail gentleman who fled Afghanistan in 2001after his son was driven from the family business and murdered. Returning Sikhs face persecution in a country were the population has gone down from 200,000 in 1992 to just 3500 families in 2004. In Britain with his wife, sons, daughter and granddaughter he's found himself in a Kafka-esque nightmare courtesy of the Home Office and Glasgow City Council.

Awaiting the result of an Immigration appeal from the Home Office (as are his children who care for him) but not in receipt of living allowances from NASS, the Council took it upon themselves to seek repossession of the flat the family lives in. A temporary stay was granted after appeals from the public a fortnight ago (see scotland.indymedia.org/newswire/display/2668/index.php) but before receiving the independent care assessment results, social workers approved a new date for the eviction. That independent medical assessment was carried out by a GP on Friday and even if the report was posted that same day, could not have reached the Council's Asylum Support Service before Tuesday's strike. Yet dapper Sheriff Officer Roddy Macpherson and Mariam Broadley of the Council's ASS instructing him on the phone were insistent that there were no reasons why this man, who can barely walk, shouldn't be turfed out onto the street. The immanence of the family's asylum and legal hearings' only adds to the sick humorousness of the whole thing.

For those and other reasons, five people peacefully and politely blocked the door with their bodies and explained that they could not allow the Officer of the Court to go about his "lawful business" when he arrived at 11:30. A civil stand-off ensued, as Sheriff Officers don't have powers to move people out of the way unless police are there to witness it. What they can do, once inside a flat, is use "reasonable force" to remove the occupants. Fortunately we didn't have to learn what amount of force it's considered reasonable to use on a bedridden man.

During the stand-off, more friends and supporters of the family arrived, making a total of around 20 people. The police were called but saw that there was no breach of the peace occurring and so they called their bosses. Policemen have discretion to stop evictions on Health & Safety grounds and so a Doctor was called and Mr Macpherson tried to convince the people by the door that if he could get in to see Mr Bajaj, then he could phone his office to stop the eviction (his offer was politely refused).

Faced with this show of passive resistance and solidarity, the police were unwilling to act and the sheriff rendered impotent. When Cllr. Baldasara arrived and arranged a phone call with Brian O'Hara of the Asylum Support Project, the instruction was given to stop eviction proceedings for the day. When the coast was clear, the family unlocked the door and thanked their supporters. A small victory but a real one.

What this action has done has created a small space for Mr Bajaj's claim for hardship support to be heard. Eviction could still take place as soon as Monday unless enough pressure is put on the bureaucrats, politicians and social workers responsible for the family's intolerable situation. They should be asked to give full weight to the Independent care assessment carried out last week. Let the family stay in their home and work to rebuild their lives. Council workers should ask their union if they are liable for harm caused or breaches of human rights suffered by people as a result of things they are asked to do by their bosses. Unison should remind its members that their duty of care is to their clients not their employers.

Hiding behind rules and orders and "we're not aware"s doesn't alter the fact that Mr Bajaj would suffer greatly as a result of being removed from his home and even more so if the Home Office were to try and "return" him to Afghanistan.

Your actions can make a difference. Please take the time to help by writing to Brian O'Hara at Glasgow City Council and Tony McNulty the Immigration Minister. If you are a union member let them know your concerns.

Tim Waterstone
- e-mail: noborders-glasgow@riseup.net
- Homepage: http://www.opemborders.org.uk

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  1. Great action! — Penny