UKBA to consider political and humanitarian factors in Zim before re-starting returns

By Elisha Shamba

A statement from the UK Border Agency Press Office disclosed that failed asylum seekers are currently not being sent back to Zimbabwe, but the British Government will monitor political and humanitarian developments in the Southern African country before they start removals.

An estimated 11,000 Zimbabweans have had their claims for asylum rejected but remain in the UK too frightened to return to Zimbabwe and widely skeptical of the new inclusive government.

The UKBA Public Enquiry Office in Croydon (Courtesy – Google Earth Images)

Responding to the enquiries made by Hatnews on the ‘failed’ asylum seekers’ fate following the consummation of the Global Political Agreement in Zimbabwe and the resultant formation of the national unity government which has been in place for almost a month now, the UKBA statement read:

“In the recent country guidance judgement on Zimbabwe, the courts agreed with us that there is no general right of asylum from specific countries and that each case should be considered on its individual merits.

To adopt a blanket approach to applications from particular countries would undermine the very integrity of the system we are seeking to uphold and strengthen. We will continue to consider every single claim for asylum with enormous care. Where someone is found not to need protection, we will expect them to return home. We have now published fuller criteria for deciding cases.

On the issue of Zimbabweans’ campaign to be allowed to work, we have always been clear that those in the asylum system should not be allowed to work as this could act as a draw for bogus claims. There is no need for asylum seekers to be destitute. We provide measures that ensure that individuals are not destitute and work to ensure that all are treated with respect and humanity.

We welcome the recent court judgement that there is no barrier to us re-starting returns for failed asylum seekers to Zimbabwe. However, we will always take account of the political and humanitarian factors before doing so.”

Behavior and conduct

Ivan Lewis, the Parliamentary Under-Secretary of State for International Development answering questions from MPs about Zimbabwe in the House of Commons in February, said Britain “respected Morgan Tsvangirai’s decision to assume the position of Prime Minister” in a government with Mugabe, adding: “Equally, however, we will judge that agreement and the Government on their behaviour and conduct in the period ahead.”

Country guidance

On November 19,2008, the AIT gave a new country guidance determination for Zimbabwe (a decision) – RN (Zimbabwe)[2008] UKAIT00083GG which the Home Office decided not to appeal against. Since then, there has been a remarked rise in the number of positive decisions granted in the legacy cases and fresh applications based on human rights and asylum grounds. But as the UKBA statement suggests, should the situation on the ground in Zimbabwe ‘improve’, a new country guidance ‘may very well’ be selected to replace RN.

Destitution

Hatnews obtained a statement from London based Zimbabwe Association which lamented the deplorable levels of destitution some Zimbabwean ‘failed’ asylum seekers find themselves in.

Most of them are unable to seek employment and barred from accessing benefits or key services. They face isolation and exclusion from any sort of normal life here yet often they are skilled and motivated people who would much rather pay their way and contribute to the society in which they have sought refuge.

“No Zimbabwean asylum seekers should be in a destitute situation now(although we know many are). People should put in fresh claims under RN ruling; this will enable them to access support.

Many ‘failed’ asylum seekers from the past may be granted leave under the new findings in RN. It is vital that people go to competent legal firms and get decent advice. The Refugee Legal Centre has branches all over the place now,” said the ZA spokesperson. (Read full ZA briefing)

Refugee Council

Gemma Juma, Head of International and UK Policy at the Refugee Council told Hatnews,

“The Refugee Council is extremely concerned about the ongoing destitution faced by Zimbabwean asylum seekers in the UK. We do not believe that Zimbabweans can be expected to return until the safety and sustainability of their return can be guaranteed. Clearly, this cannot happen given current conditions in Zimbabwe.

We are currently urging UK Border Agency to adhere to RN judgement as a matter of urgency and recognize the refugee status of all those are entitled to it. The Government must put an end to the deplorable situation whereby so many asylum seekers including Zimbabweans are left destitute, without any means of support and unable to work.”

Let Them Work Campaign

There is a concerted campaign by Refugee Council together with TUC, STAR(Student Action for Refugees) and a host of other organizations calling the government to let asylum seekers work. The Let Them Work Campaign is ongoing.

Early this month, Lynne Jones, Labour Member of Parliament for Birmingham, Selly Oak, launched  an Early Day Motion(EDM960) in the House of Commons to support the Let Them Work Campaign – and it is already attracting cross party support from Labour, Conservative and Liberal Democrats.

Early Day Motions are not expected to be debated but are ways for MPs to show their support for an issue.

Let Them Work campaign organizers are now calling on all supporters to ask their own MP to sign the EDM960. – Hatnews

Also see Government Standard Note: SN/HA/3391