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Sehabden Family Need Urgent Help

John O | 05.09.2007 10:16 | Migration | Social Struggles | Workers' Movements

Currently detained in Yarl's Wood Immigration Removal Centre, the family are due to be forcibly removed this evening Wednesday 5th September 2007 on Sri Lankan Airlines Flight UL504 from Heathrow To Sri Lanka at 21.45hrs.

Umer Sehabden is a Sri Lankan, Muslim Tamil who faces immediate imprisonment should he be returned to Sri Lanka. He has been sentenced to 6 years in his absence on suspicion of harbouring Tamil dissidents. His father has recently been arrested instead of his son and is currently in prison.

Mr Umer was imprisoned and tortured in Colombo by the Sri Lankan police after three Tamil dissidents rented one of his properties in Matale. Mrs Leo Klein a doctor with the Medical Foundation for the Care of Victims of Torture examined him on 17/1/2007. Her report of physical and psychological signs of torture (Ref: JS/CH/sehebden/45514) was sent to his solicitor and submitted with his appeal.

Umer and his family were settled in Swansea before being 'snatched' by immigration officers.

Umer, his wife Najunnissa, and their 4-year-old son Abdullah were taken to Yarl's Wood Detention Centre in the early morning on Friday 31st August. The immigration officers handed Mr Umer his refusal letter (dated August 9th) as they came through the door of the detention centre on the 31st of August.

Najunnissa is 21 weeks pregnant and has had a very difficult pregnancy so far, seeing the doctor regularly about her continual vomiting, anxiety and inability to sleep. She was distraught at the family's forcible removal and throughout their six-hour drive to detention. She received no treatment for pain in her legs and abdomen resulting from the journey.

Since they claimed asylum the family has not been able to see the eldest son Arham, who was left behind in Sri Lanka, when the family fled.

Despite the date on the determination letter, neither Mr Umer nor his solicitor were aware that the case had been determined until Friday morning. Mr Umer had been anxiously awaiting this determination. His solicitor had informed the Home Office that he was in the process of preparing a Fresh Claim should the appeal against the initial refusal be turned down.

New evidence from Sri Lanka, including the information about his father's arrest and imprisonment was available. The fact that the determination was served as the immigration officers arrived gave him no chance to finalise his claim. This is grossly unfair.

The UNHCR Guidelines on the Detention of Asylum Seekers notes that 'pregnant women, children and victims of torture' should not be detained (rev.edn. 2003). The Umer family consists of a certified victim of torture, a sick pregnant woman and a small child. None of them should be in detention, certainly not for 5 days.

What you can do to help!
1.) Please send urgent faxes immediately to Rt. Hon. Jacqui Smith, Secretary of State for the Home Office asking that Umer and his family be given the right to stay in the UK. Please use the attached "model fax" /UmerJS.doc/you can copy/amend/write your own version (if you do so, please remember to include his ref: S1365117).

Fax: 020 7035 3262 (00 44 20 7035 3262 if you are faxing from outside UK)

2.) Please fax J. Wijesinghe Manager UK & Ireland, Sri Lankan Airlines using the attached "model fax" /UmerSL.doc/ copy/amend/write your own version (if you do so, please remember to include the families removal flight details: Sri Lankan Airlines Flight UL504 From Heathrow To Sri Lanka at 21.45hrs.

Fax: 020 8572 0808 (00 44 20 8572 0808 if you are faxing from outside UK)

Please let the Campaign know of any faxes sent: email  jeninswan@hotmail.com

Umer Family Campaign
C/o Swansea Bay Asylum Seekers Support Group
The Retreat
2 Humphrey Street
Swansea
SA1 6BG

Inquiries/further information:
Jeni Williams
 jeninswan@hotmail.com


Background on Sri Lanka
547 persons killed - 396 disappearances - first 6 months of 2007
Three Human Rights groups in Sri Lanka, the Law & Society Trust, Civil Monitoring Commission and the Free Media Movement, have compiled a working document listing 547 persons killed and 396 persons disappeared during the period January to June 2007.

Medical Foundation for the Care of Victims of Torture Report on Sri Lanka is deeply sceptical about recent Home Office decisions on Sri Lanka, noting: "Before 1994, 93% of decisions on Sri Lankan asylum claims were for Exceptional Leave to Remain. Since then, 95% have been refusals. It seems very improbable that so marked a change can be due solely to a marginally improved situation in Sri Lanka. In Europe between 1990 and 1998 the recognition rate has varied from 74% (France) to 1% (UK). In Canada the recognition rate was 81% on average. It is very unlikely that these variations reflect differences among the applicants."
www.torturecare.org.uk/publications/reports/286

On May 4th 2007 The Times pointed out "Britain has suspended aid payments to Sri Lanka because of growing concerns of human rights abuses by government forces fighting Tamil rebels."

The expulsion of Tamils from Colombo in June 2007, has been documented by Human Rights Watch in its report Return to War: Human Rights Under Siege, "The Sri Lankan government has apparently given its security forces a green light to use 'dirty war' tactics. ... Security forces have subjected civilians to indiscriminate attacks and impeded the delivery of humanitarian aid. Some 315,000 people have had to flee their homes due to fighting since August 2006, the vast majority Tamils and Muslims. About 100,000 were displaced in March alone. Government authorities have forced some to return to areas that remained insecure." (6th August 2007)

End of Bulletin:

Source for this Message:
Umer Family Campaign

John O
- e-mail: ncadc@ncadc.org.uk
- Homepage: http://www.ncadc.org.uk

Additions

Umer Family - Umer gone, Najunnissa & Abdullah, back in Yarl's Wood

06.09.2007 13:08


The HO refused the fresh claim and said they would not accept a
Judicial review. One of Asylum Justice went to Heathrow and gave out
a printed letter to passengers on the flight telling them what was
happening. Problem of course is Sri Lanka is so dangerous only Sri
Lankans on the flight and they're too frightened to say anything.
Don't know about Business class.

The family were driven in terror to Heathrow where Najunnissa was in
such pain that she couldn't sit down. They got a medical officer to
examine her and said she was unfit to travel so they would just take
him.

They were all in tears with Umer was in tears too repeating how he
couldn't go back it was too dangerous.

Abdullah crying and crying because his father was being taken from
them and he didn't understand what was happening. So Najunnissa (they
are a close and loving family) said that she would go with him and
they all got on the plane.

But she was in too much pain to sit down and Umer was so worried
about her that he insisted that she stay.

So they took Najunnissa and Abdullah off the plane. and they kept
them in Heathrow till 2:00am and then drove them back to Yarlswood.

They took her phone and she wasn't able to phone anyone till 5:00 am when she
rang several of us.

Unfortunately I didn't get the message till this morning as I had
turned my phone off in exhaustion and distress thinking that they had
gone. when I turned it on this morning I rang her back. the
immigration officers had mocked her telling her it was ok she was
fine, she could fly back. She did not know what had happened to her
husband.

No-one at Heathrow had any information about it and we had to wait
for the Swansea office to open at 7.30 to confirm that Umer had
indeed been removed. The office hoped she would soon be well enough
to rejoin her husband in Sri Lanka - where of course he will be in
prison, possibly worse.

We are investigating the possibility of a JR on the grounds of breach
of family rights. Najunnissa is distraught - this must be dangerous
for her in her condition - she has been in a state since last Friday
morning when they took them from Swansea.

Although unsurprising in view of the way that Immigration works it
remains a gross injustice and a blight on this country to treat a
family like this. I will update you - if you want - on what happens


Jeni Williams for Umer Family Campaign

 jeninswan@hotmail.com

Jeni Williams/ repost