Thousands of 'failed' asylum-seekers from Zimbabwe face deportation again, after the Asylum and Immigration Tribunal ruled today they would not automatically face persecution if returned to Zimbabwe.
Joan Ryan, Under-Secretary for Immigration, said: ' We will resume removals to Zimbabwe immediately, each case will be looked at individually before a decision to remove is made'.
The Asylum and Immigration Tribunal had been previously ordered by the High Court to reconsider its decision to resume deportations to Zimbabwe, after mounting public pressure. Over 100 Zimbabwens went on hunger strike in various immigration detention centres, some for over a month. Evidence was produced of people being persecuted and tortured by Mugabe's regime after being forcibly returned. After the case against deportations to Zimbabwe went from court to court, the AIT today has ruled that deporting people to Zimbabwe is 'safe' , except in particular cases. That ignoring the fact that almost all Zimbabweanbs are political refugees fleeing Mugabe regime, and the very fact of seeking asylum abroad is viewed by Mugabe as an indication of being in the opposition.
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Summary of Tribunal decision:
A failed asylum seeker returned involuntarily to Zimbabwe does not face on return a real risk of being subjected to persecution or serious ill-treatment on that account alone.
SM and Others (MDC - internal flight- risk categories) CG [2005] UKIAT 00100 is reaffirmed. Two further risk categories are identified: those whose military history discloses issues that will lead to further investigation by the security services upon return to Harare Airport and those in respect of whom there are outstanding and unresolved criminal issues.
A deportee from the United Kingdom who, having been subjected to the first stage interview at the airport, is allowed to pass through the airport is likely to be the subject of some monitoring in his home area by the local police or the CIO but the evidence does not indicate a real risk of persecutory ill-treatment for those who are being monitored solely because of their return from the United Kingdom.
The general country conditions are extremely difficult but those difficulties will not generally be sufficiently severe to enable an appellant to rely upon article 3 to resist removal.
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Media coverage:
BBC News Wednesday 2nd July 2006
http://news.bbc.co.uk/1/hi/uk/5234750.stm
Enforced deportations to Zimbabwe to resume
By David Banks The Time Wednesday 2nd August
http://www.timesonline.co.uk/article/0,,200-2296334,00.html
The Asylum and Immigration Tribunal had been previously ordered by the High Court to reconsider its decision to resume deportations to Zimbabwe, after mounting public pressure. Over 100 Zimbabwens went on hunger strike in various immigration detention centres, some for over a month. Evidence was produced of people being persecuted and tortured by Mugabe's regime after being forcibly returned. After the case against deportations to Zimbabwe went from court to court, the AIT today has ruled that deporting people to Zimbabwe is 'safe' , except in particular cases. That ignoring the fact that almost all Zimbabweanbs are political refugees fleeing Mugabe regime, and the very fact of seeking asylum abroad is viewed by Mugabe as an indication of being in the opposition.
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Summary of Tribunal decision:
A failed asylum seeker returned involuntarily to Zimbabwe does not face on return a real risk of being subjected to persecution or serious ill-treatment on that account alone.
SM and Others (MDC - internal flight- risk categories) CG [2005] UKIAT 00100 is reaffirmed. Two further risk categories are identified: those whose military history discloses issues that will lead to further investigation by the security services upon return to Harare Airport and those in respect of whom there are outstanding and unresolved criminal issues.
A deportee from the United Kingdom who, having been subjected to the first stage interview at the airport, is allowed to pass through the airport is likely to be the subject of some monitoring in his home area by the local police or the CIO but the evidence does not indicate a real risk of persecutory ill-treatment for those who are being monitored solely because of their return from the United Kingdom.
The general country conditions are extremely difficult but those difficulties will not generally be sufficiently severe to enable an appellant to rely upon article 3 to resist removal.
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Media coverage:
BBC News Wednesday 2nd July 2006
http://news.bbc.co.uk/1/hi/uk/5234750.stm Enforced deportations to Zimbabwe to resume
By David Banks The Time Wednesday 2nd August
http://www.timesonline.co.uk/article/0,,200-2296334,00.html
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