After RN Ruling, What next for Zimbabwean Asylum Seekers:ZA

From Zimbabwe Association, 27 February 2009

Many Zimbabwean asylum seekers in the UK are in a state of confusion.  When the UKBA decided in December not to appeal against the RN ruling (November 2008) people were hopeful that their asylum cases might be settled at last.

The setting up of the government of national unity in Zimbabwe earlier this month has left people fearful and uncertain.

Zimbabwean asylum seekers should note the following:

1. The situation in Zimbabwe will not stabilise immediately. Activists are still detained, peaceful protestors are still being beaten, and the rule of law does not seem to be functioning. There are disputes and disagreements regarding control of the Reserve Bank and there is a humanitarian disaster unfolding with cholera and hunger spreading throughout the land.

1. There has been no change in the British government’s policy regarding returning asylum seekers to Zimbabwe. In other words, they are NOT forcibly removing Zimbabwean asylum seekers to Zimbabwe at this time.

1. ‘Failed asylum seekers’ must pursue their cases.  They should seek legal advice; it may be possible for them to put in fresh claims under the RN ruling; if they have a fresh claim lodged they may be able to seek Section 4 support.

1. People putting in fresh claims may be able to apply for accommodation under NASS.

1. Zimbabweans should make contact with their MPs, Human rights groups, and community organisations to update them about the ongoing problems in Zimbabwe.

1. People should continue with their activities in the UK; if they have been going to meetings, demonstrations, vigils and other events to spread awareness about the situation in Zimbabwe they should carry on

1. People can access vocational training courses by going to local voluntary offices and asking about such courses

WHAT is UKBA doing about ZIMBABWEAN ASYLUM SEEKERS?

Following the RN ruling, the UK Border Agency has started a review of all outstanding Zimbabwean asylum cases which have not yet been concluded.

The review process will:

• consider the decisions made on cases in the past taking into account the new findings in RN
• the review will be done by case-owners and Home Office presenting officers
• they will use as guidance their most recent Operational Guidance Note on Zimbabwe which is available on the Home Office website (Please look for more information on the recent Zimbabwe judgment on ILPA website, www.ilpa.org.uk under the heading Infoservice which also gives a direct link to the Operational Guidance Note)
• there are over 10,000 backlogged Zimbabwean cases to consider

At the time UKBA changed their policy following RN, many cases were in the appeals system and at the higher courts.

• Appeals at the Tribunal will be allowed to continue
• Decisions made prior to RN will be reviewed and leave will be granted where appropriate
• Cases at the Higher Courts will be treated differently – people will be asked to sign consent orders allowing the cases to be withdrawn from the Higher Courts so that a new decision can be made

WHAT is ZA hearing from asylum seekers in the UK?

• Many people are letting us know that they have been granted 5 years leave to remain
• Large numbers of people have been asked to send in their passport photos – in the past, this has been a good sign
• Others are being interviewed by accommodation providers round the UK
• Disputed nationals are still liable to be detained