UKBA code of practice for keeping children safe from harm

3.16. The detention of children beyond 28 days must be reviewed and personally authorised by a Home Office Minister. Care should be taken to ensure at review stage that the continuing detention of the child remains justified and reasonable, no appropriate alternatives are available, and that any continued detention will not lead to harm being caused unnecessarily to the child.

Question: Has a Home Office Minister reviewed Raphael's continuing detention and authorized the continued detention and is this continuing detention justified. Has Raphael been examined by an independent medical expert to determine whether the detention to date and continuing detention, has not, will not harm Raphael's well being.

Proportionality: In light of the respect for any child including Raphael that the 'UKBA code of practice' guarantees; has the Home Office concerns about Raphael's mother outweighed their concern for Raphael. And that 34 days in detention for Raphael is not proportionate to their intended aims for his mother

Oluseye Shauba fled domestic abuse in Nigeria with her infant son Raphael in 2004. She acted on bad advice and did not apply for asylum until October 2007. She was then relocated to Bury in Greater Manchester where she quickly became a popular figure in local organisations supporting asylum seekers. Her son has started school and she is on a course at a local College.

All the normal legal channels for Oluseye were exhausted by June 2008, but her solicitor has continued to act for her. Despite the outstanding issues he had raised, she and her son were detained on December 4th for removal on the charter flight to Nigeria the following week. Following representations from her solicitor, she was taken off the flight.

Home Office  officials argue that there is a risk that Oluseye would abscond. This is because she did not claim asylum when she first arrived in this country. (In their minds this overrides the damage their own guidelines acknowledge will be done to Raphael by prolonged detention.) It ignores the extreme difficulty of living in hiding in Britain with a school age child and the evidence of her behaviour over the last year. When she was dispersed to Bury following her claim for asylum just over a year ago she threw herself into the life of the local community. Following the rejection of her claim and her application for reconsideration in June 2008 she did not choose to abscond. Instead she sought further legal help and redoubled her efforts to integrate herself into her community, joining an Access to learning course at Bury College. Her tutor describes her as a 'first class student' and commented 'She has had 100% attendance and is always punctual. Her contribution in class is enthusiastic and very supportive with other students'. One of her first concerns following her detention was to make contact with her tutor to try to ensure that her place on the course would remain open to her.

Raphael's mum is very concerned that most of the other families who were detained with them and the children Raphael made friends with, have now been released, and the loss of these friends is difficult for a child to come to terms with. She is encouraging him to befriend other children who come in, but it is becoming more difficult for him as he now is beginning to feel that it is pointless as they all leave, and he is left behind.

Please protest at the continued detention of Raphael and his mother.

Please send urgent faxes/emails immediately to Rt. Hon Jacqui Smith, MP, Secretary of State for the Home Office, requesting that Raphael and his mother are released. Please use the 'model letter' RaphaelShaubaJS.doc attached or write your own version. If you do so, please remember to include HO ref: S/38066/3

Fax: 020 8760 3132 / + 44 20 8760 3132 if you are faxing from outside UK)

Emails:
 UKBApublicenquiries@UKBA.gsi.gov.uk
"CIT - Treat Official"

Please let the campaign know of any emails/faxes sent:
Bury Campaign Against the Detention of Children
 george@heronbg.info

Thanks,
George Heron for the Campaign
End of Bulletin:

Source for this Message:
Bury Campaign Against the Detention of Children