Cases such as Babbage, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 148 and  JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1773 are often understood  by  some to mean that any Zimbabwean national detained under UK immigration powers is  irremovable.  This is not correct. The  Home Office have incrementally been detaining Zimbabwean failed asylum seekers  upon reporting and some  are  indeed being  removed forcibly to Zimbabwe.

The question that becomes relevant  for  Zimbabwe nationals  who have no claims or appeals pending is  this: have the Home Office retained the person’s valid and current passport at some point?  If so, without a legal basis of  being in the UK, the chances of  resisting removal to Zimbabwe are very much  significantly reduced.

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