Category Archives: Asylum

Zimbabwe’s march to an illusory freedom and impact on UK asylum claimants

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Witting or unwittingly, on 18 November 2017,  the Zimbabwean people’s  march contributed to the rejuvenation of power and control within ZANU (PF).  Variously dubbed the “Mugabe must fall march”, or  the “solidarity march”,  the Zimbabwean populace as willing participants in  a pre-hatched orchestrated  plan to which they were not  privy to, subsequently  sung, danced and bayed  for Mugabe’s ouster.

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Now that Mugabe has fallen what now for UK based Zimbabwean asylum claimants?

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On  21 November 2017, Robert Gabriel Mugabe resigned as the President of Zimbabwe, after maintaining a grip on power  for 37 years.

 

Following that resignation , the  burning  questions relating to  the future  political democratic  processes and upholding of the rule of law in Zimbabwe  are matters evidently up for debate,  perhaps  to become  clearer as time unfolds.

 

For now the biting question for UK based asylum claimants is this: how  does Mugabe’s  downfall impact upon  UK based Zimbabwean asylum claimants and failed asylum seekers?

 

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Refusing to return to Zimbabwe: Court of Appeal confirms Home Office cannot compel a non-consenting returnee to lie to the Zimbabwean Embassy

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In The Secretary of State for the Home Department v JM (Zimbabwe) [2017] EWCA Civ 1669 (25 October 2017), the Secretary of State appealed against the declarations made by Jay J on 15 July 2016  in JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin)  that:

 

  • she could not lawfully require JM under section 35 of the Asylum and iImmigration (Treatment of Claimants) Act 2004 to tell officials at the Zimbabwean Embassy that he agreed voluntarily to return to Zimbabwe; and

  • that he was entitled to substantial damages against the Secretary of State for unlawful immigration detention between 15 July 2014 and 25 May 2016 (save for the period between 21 April and 6 September 2015 when he was serving a sentence of imprisonment).

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Just like that, High Court Judge says Kirkuk is no longer a contested area: Departure from AA(Iraq)?

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So,  has a High Court Judge  really gone ahead and done what the Home Office  has been wanting  them to do these past months, ie indicate  some  sort of or indeed wholesale  “departure ”  from current country guidance  AA (Article 15(c)) (Rev 1) Iraq CG [2015] UKUT 544 (IAC)?

 

Sir Ross Cranston sitting as a Judge of the High Court has stated in Amin, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 2417 (Admin)  that  “Kirkuk is no longer a contested area”.

 

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Home Office adamant cogent evidence renders AA(Iraq) largely redundant on security situation

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It is clear from initial decision- making through  to  judicial review challenge cases  that the  Home Office have been  angling for many months to have  AA (Article 15(c)) (Rev 2) [2015] UKUT 544 (IAC)  overturned.  This is because having regard to AA(Iraq)2015,  as initially promulgated  and even as recently amended by  AA (Iraq) v Secretary of State for the Home Department [2017] EWCA Civ 944, it is still possible  for  Iraqi claimants  relying on claims for Humanitarian  Protection  before the Tribunal  to succeed.  What may be delaying a head -on challenge might be the lack  identification of  an appropriate  case.

 

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