After being detained at Dallas Court reporting centre in Salford on December 10th, Lydia, 38, was taken to Yarl's Wood detention centre in Bedfordshire and told she would be deported to Cameroon on December 21st. Her husband Bernard Batey, also 38, was due to be deported at the same time.

But, with only 72 hours to go, a High Court judge in Manchester granted an injunction preventing the couple's deportation until new evidence was considered. The UK Border Agency has now agreed that there is evidence for a fresh claim and Lydia has finally been released. 

Dr Rhetta Moran, of RAPAR, said: "We are delighted that Lydia has now been released. But new restrictions mean that she and Bernard have to report weekly at Dallas Court. When their asylum claim was refused, all support - including housing - was withdrawn from them so they now have to go through the process of re-applying for that support."

Lydia and Bernard are available for interviews/photographs For more information, please contact:Dr Rhetta Moran, RAPAR, 07776264646 or 0161 834 8221   
RAPAR press officer Kath Grant 07812 471047 or 0161 225 2260 Email:  kath.northernstories@googlemail.com
 http://www.ncadc.org.uk/NCADC-Campaigns/LydiaBesong.html

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Deportation for a criminal offence due to length of time in the UK would not be proportionate

Mr Kahn came to the UK in 1978, (He was sentenced to seven years' imprisonment in 2003 for importation of a significant quantity of heroin. Released in 2006 for good conduct, he was served with a deportation order due to the seriousness of his offence). European Court of Human Rights has ruled that if the UK were to deport him it would be a clear violation of Article 8

This judgement may be of interest/benefit to others facing removal from the UK for a 'serious criminal offence, who have spent a long time in the UK, if so 'You Must' take the full judgement to a solicitor/case worker for a proper considered legal opinion.

A.W. Khan v. United Kingdom (no. 47486/06) Full judgement attached

'having particular regard to the length of time that the applicant has been in the United Kingdom and his very young age at the time of his entry, the lack of any continuing ties to Pakistan, the strength of his ties with the United Kingdom, and the fact that the applicant has not reoffended following his release from prison in 2006, the Court finds that the applicant's deportation from the United Kingdom would not be proportionate to the legitimate aim pursued and would therefore not be necessary in a democratic society'

The applicant, Abdul Waheed Khan, is a Pakistani national who was born in 1975 and has been living in the United Kingdom since the age of three. He currently lives in Bradford (United Kingdom). He was sentenced to seven years' imprisonment in 2003 for importation of a significant quantity of heroin. Released in 2006 for good conduct, he was served with a deportation order due to the seriousness of his offence.

Relying on Article 8 (right to respect for private and family life), he complained about the decision to deport him as, a settled immigrant in the United Kingdom for almost his entire life, he has no family or other ties in Pakistan, his mother, brothers, British girlfriend and daughter all residing in the United Kingdom.

Violation of Article 8 (in the event of the applicant's deportation)

Just satisfaction: EUR 1,750 (costs and expenses. No claim made by the applicant for damage.


End of Bulletin:

Source for this Message:
Lydia Besong
NCADC/ECtHR