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Judicial review bid to stop activist’s deportation

August 6, 2008 · No Comments

Unity Centre GlasgowA legal team supporting a Chinese trade unionist and her two-year-old son, who face deportation back to China after five years in Scotland, is expected to seek a High Court judicial review today to stop her leaving.

Birmingham-based solicitors Harvey Son & Filby, who specialise in Chinese law, are due to make the last-minute bid at the High Court in London to stop the deportation of Qin Wang and her son Jian Qi Lin. They are expected to use European human rights legislation to argue the case.

Friends who have visited her in detention said Qin Wang, who lived in Sandyhills, Glasgow, talked of killing herself rather than returning to China, where she says she was beaten and indecently assaulted by police when detained in connection with outlawed union activities.

The mother and son are due to be flown back to China today on a Russian Aeroflot plane from Heathrow. It further emerged last night that Aeroflot has been flooded with messages by e-mail and fax from supporters appealing to them not to co-operate with the deportation.

Qin Wang’s solicitors claim the Home Office took issue with the activist “going underground” for four years - scared she would be sent back to China - after first registering as an asylum seeker when she arrived in 2003. She re-registered in 2007 but failed to convince the Home Office of her refugee status.

Phil Jones, of the Unity Centre, the Glasgow-based help centre which supports asylum seekers and refugees, said he believed any travel issues over the removal from Britain appeared to be ironed out between the Home Office and Chinese authorities. He hoped the judicial review would mean that the flight would be stopped.

“The case is all to do with the fact that if she returns to China, she would be imprisoned,” he said.

THE HERALD

See Also
Anger over asylum seeker’s deportation
Unity Centre Glasgow

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Life inside Dungavel

August 6, 2008 · No Comments

THEY ARE LIKE GHOSTS, MOVED without warning or explanation across the country in the dead of night, transported in unmarked vans. A silent cargo, often handcuffed, frozen by fear and unable to make a call or let their family know what is happening to them.

“Ghosting” happens most nights as detainees at removal and detention centres are taken from their families and driven, sometimes more than 500 miles, the Sunday Herald has been told.

Staff claim Dungavel is at crisis point, with overcrowding at up to 150% and chronic staff shortages which often leave inadequate cover for “suicide watch”, according to sources. Five to 10 families with children are detained there at any one time, detainees claimed.

Each night the detainees, including young children, fear that they will be taken from their beds, not knowing if their destination will be another UK removal centre or an airport.

According to sources, ghosting is an increasingly common practice endured by up to 80% of detainees at detention and removal centres in the UK.

For the first time a true picture of life inside Dungavel has emerged as a detainee spoke about the daily routine at Scotland’s only removal centre.

“They move people all the time in the middle of the night. I live in complete fear,” said Charles Nahimana, 40, from Burundi, who was taken from his Glasgow home in February.

“At the headcount each morning there are new people who weren’t here the previous night. Most rooms have four beds and you wake up when they come for two, maybe three of your room mates in the middle of the night.

“You wake up again when they bring the new people in. Some have been picked up from their homes but most of them moved from other detention centres. I sleep in fear. If you hear a noise at your door at night you are immediately wide awake and your first thought is they have come for me’. People who have been spirited away like this tell me they don’t tell you what is happening. They take you and you have to switch your phone off and you can’t tell anybody what is happening.”

As he speaks Nahimana looks over his shoulder and holds his phone. It is his lifeline to the outside world.

He picks up his bible which has his children’s names in it. “I couldn’t send my two-year-old daughter a birthday card,” he adds. “I knew I couldn’t send a present but it was very distressing not to be able to even send a card.

“We are in a worse position than prisoners. If you were in prison you would have a sentence and know how long you were to be detained for. You would have certain rights. This is psychologically and emotionally very distressing.”

The tall and graceful former charity volunteer has lived in Britain for six years after he fled persecution. Two of his children were born in Glasgow and know no other world. He displays his son’s school report which shows straight As.

One removal centre employee told the Sunday Herald that many removal centres are at over 150% capacity. “I would estimate that they move around 70%-80% of detainees at night time. I have seen families arrive who are totally physically exhausted and devastated. They have been kept up all night. Sometimes they are transported long distances in the police cells in the van. These are basically cages inside the vans. They are sometimes handcuffed.

“But the main reason why they transport so many at night is that, unless they are in a police cell in the van, the detainees are often hammering on the sides and shouting and if it was daytime, imagine the outcry if a van like that pulled up at the traffic lights.”

John Watson of Amnesty International in Scotland said: “We are justifiably concerned about detention limits of 42 days but these are people in our society detained without limit.

“This kind of activity increases the discomfort and distress of these innocent people who should be treated with dignity. I can’t see that driving people around at night is treating them with dignity. None of the reasons given justifies the practice of people getting moved at night. Also, families are only meant to be detained as a last resort but our research is that it is not a last resort.”

John Wilkes, chief executive of the Scottish Refugee Council, said: “Holding children in the back of a van for eight hours or more, sometimes with no breaks or access to food or water, transporting them and their parents far away from their lawyers and community networks, is traumatic and inhumane at any time of the day.”

The UK Border Agency refused to answer questions. A spokesperson said: “All Immigration Removal Centres are operated in line with strict rules and are regularly inspected. Detention plays a vital role in maintaining an effective immigration control, including the removal of those without any right to remain here and who refuse to leave the UK voluntarily.”

Although immigration and asylum are reserved matters, a spokesman for the Scottish government said: “We have made clear our concerns about the operation of the UK asylum system in Scotland and the treatment of asylum seekers in general. We remain fundamentally opposed to dawn raids, to the forcible removal of children and to the detention of children at Dungavel.”

By Kate Smith
Sunday Herald

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GARA PRESS RELEASE: New Report on Race Statistics in Scotland Launched

August 6, 2008 · No Comments

From: Glasgow Anti Racist Alliance Contact: Ashay Ghai: 0141 572 1140

On: August 2008

Subject: State of the Nation Report Embargo: For Immediate Release

New Report on Race Statistics in Scotland Launched
With the lack of information on race and racism increasingly recognised, Glasgow Anti Racist Alliance (GARA) has launched its ‘State of the Nation – Race and Racism in Scotland 2008’ report, a collation of statistics and data relating to Black/Minority Ethnic (BME) people in Scotland. The statistics have been gathered from a number of sources, including Scottish Government publications, academic research, and studies carried out by voluntary organisations. The document highlights many discrepancies, such as a much increased rate of diabetes amongst BME communities but limited ethnic monitoring by the National Health Service and a significantly higher percentage of BME children in care.

GARA Director Jatin Haria explained;

“Strong statistical data is essential in Scotland if government and its agencies are to truly address the needs of Black/Minority Ethnic (BME) communities. For example, a report recently published by the Ministerial Task Force on Health Inequalities highlighted the lack of ethnicity data collection by NHS Scotland as a concern, making it more difficult to adequately meet the needs of BME people.

“GARA’s State of the Nation report seeks to address such requirements and will become an invaluable reference tool for policy makers.”

The document is being published following a consultation period involving many senior experts in the race and racism field.

Former Chair of the Commission for Racial Equality and current Professor in Communities & Race Relations at Glasgow Caledonian University, Dr Kay Hampton commented;

“I wish to congratulate Glasgow Anti Racist Alliance for identifying the need for and producing the State of the Nation document. By collating all information available on race in Scotland into a single report they have provided a powerful new tool in addressing the needs of Black/Minority Ethnic communities.

“I am confident that its publication will highlight any needs that must be addressed and make a real difference to black people.”

Commenting on the release of the report Minister for Communities Stewart Maxwell added;

“I welcome the production of this report which brings all the evidence on race and racism issues in Scotland together in one place.

“The Scottish Government believes that a successful Scotland is civilised, fair and inclusive and provides equal opportunity and choice for all its people.

“I hope this report will be a useful tool in reaching this goal and contribute to making race equality a reality across the country.”

The State of the Nation –Race and Racism in Scotland 2008 report, which summarises statistics in a number of sections such as health, education and employment, is available in on the Glasgow Anti Racist Alliance website www.gara.org.uk, or in hardcopy at cost (telephone 0141 572 1140).

ENDS

30 Bell street, Glasgow G1 1LG. T: 0141 572 1140, F: 0141 572 1141, e: info@gara.org.uk. www.gara.org.uk

If you don’t challenge racism – who will?

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Westminster blasted over rights of asylum seekers

July 13, 2008 · 9 Comments

ALEX SALMOND has blasted the home secretary on the UK’s asylum policy, accusing the government of trampling on asylum seekers’ rights by raiding families at dawn and locking them up in Dungavel detention centre.

The Sunday Herald has obtained letters between Scottish ministers and Westminster over asylum issues under the Freedom of Information Act. MSP Fiona Hyslop, secretary for education and lifelong learning, had been in correspondence with MP Liam Byrne, minister of state, about the treatment of failed asylum seekers.

In one letter dated May 20, she asks Byrne to clarify his position on why some families had been refused leave to remain in this country.
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“Our understanding was that only those families involved in criminality or fraud would be refused leave, but it appears that some have been refused simply for having failed to report to the Home Office. To many this will not be recognisable as either criminality or fraud.”

On June 6, Byrne replied saying that families “in the main … do not fulfil the criteria that would allow the UK Border Agency to permit a grant. This will include families who have not abided by the laws of the UK by absconding and failing to report as required.”

Byrne said that if a family did not return to their home country voluntarily, “enforced removal will be considered as a last resort”.

The first minister wrote a strongly worded letter to Jacqui Smith on June 24 saying he was “deeply concerned” about families who have been refused leave to remain. He wrote: “A decision that they do not have a legitimate claim for asylum in the UK combined with their understandable reluctance to leave voluntarily should not allow us to trample on their rights as individuals.”

A furious Salmond said it is “with increasing anger” that he had learned of families being raided at dawn and forcibly removed from their homes and “locked up in Dungavel”.

The Sunday Herald reported in May that early-morning raids had returned to Scotland despite the Scottish government’s clear opposition to the practice. Zodwa Mbali, a South African single mother, said eight immigration officers dragged her and her six-year-old son from her home in Drumchapel, Glasgow, and took them to Yarl’s Wood detention centre near Bedford. Bridget O’Koro from Nigeria and her three-year-old daughter Osa were also taken by immigration officers to Yarl’s Wood.

Salmond said he had “a number of concerns about how recent enforced removals have taken place”.

Reports of between eight and 10 officers being used to detain single mothers struck him as “heavy handed”. He has asked for Smith to explain why home detentions are only carried out in the mornings. “Surely it is possible to pick up a single mother and pre-school child at other times,” he said.

An SNP insider told the Sunday Herald the party was becoming “increasingly concerned” by the recent actions of the Home Office in resuming dawn raids and detaining children in Dungavel.

“The Scottish government feels like they have made some progress in this area and we are very concerned about lapsing back into the old bad habits.”

Patrick Harvie, Green MSP, said Salmond’s critics will accuse him of “playing party politics” with the asylum issue. “They’ll say he’s kicking up a fuss and trying to pick a fight, but I think it’s perfectly reasonable for the First Minister to seek the UK government on these matters.

“There should be nothing like Dungavel in this country and I think the letter is encouraging as it shows this government is willing to pursue the Home Office on this issue.”

John Wilkes, chief executive of the Scottish Refugee Council, said it was “deeply concerned” by the detention and removal of children.

“It is hard to believe this exists in a 21st-century Scotland. We have condemned it, as have the Scottish government and Scotland’s Commissioner for Children and Young People.

“The UK government has signed up to protect the rights of children under the UN Convention on the Rights of the Child, but shamefully except for children in the asylum and immigration system.”

Wilkes said the SRC is in discussions with the Scottish government and UK Border Agency over alternatives to detention, but as yet nothing has been drawn up or confirmed.

A Home Office spokeswoman confirmed it had received the letter and that a response would be written to the first minister in due course.

http://www.sundayherald.com/news/heraldnews/display.var.2392779.0.westminster_blasted_over_rights_of_asylum_seekers.php

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Graduate wins right to stay in UK after visa error

July 11, 2008 · No Comments

A South African university graduate who faced deportation from Scotland because of a visa mix-up has won her battle to stay after a campaign led by her local church.

Josie Pasane, 25, arrived in the UK seven years ago with her mother and sister but, unlike them, did not apply for an extended visa because of what she claims was mistaken advice from immigration officials that she should apply at a later date.

She was ordered to leave the country by the UK Border Agency and later had an appeal against the decision turned down. However, after a meeting with officials from the agency in Glasgow yesterday she will be granted indefinite leave to remain in the UK.

The U-turn follows a campaign involving her church congregation in Broughty Ferry, near Dundee, and politicians. It was supported by Dundee Council. A petition signed by more than 3500 people calling for her to be allowed to remain in Scotland had earlier been handed to Immigration Minister Liam Byrne.

Ron Ferguson, The Herald columnist and religious affairs commentator who supported the campaign, last night welcomed what he called a “common sense” decision.

However, he added: “It does make you wonder about the number of cases in which there is no-one to speak up on behalf of those going through such circumstances.”

Dundee MP Stewart Hosie said: “It is fantastic news for her and the family and I hope now they can get on with their lives.

“I understand the Home Office apologised to the family for any misunderstandings. I don’t think the Home Office could have failed to recognise the feelings of the community through the petition.”

Ms Pasane is expected to receive written confirmation of the decision in days. The family arrived in the UK in 2001 and they settled in Broughty Ferry, where mother Catherine Pasane works as a charge nurse with the elderly.

Josie went on to get a degree from Abertay University and her younger sister, Mammie, 22, is studying at Edinburgh University.

In 2004, the family decided to apply for permanent residence in Britain. They claim officials advised them if Mammie and her mother went through the £500-each process there and then, Josie could defer her application until her visa ran out in 2008.

Josie’s application was refused in January this year. The family took their case to an Asylum and Immigration Tribunal in Glasgow in May but the immigration judge found he was not in a position in law to allow the appeal.

He did acknowledge that she had proven herself to be an “excellent member of society” and said it would take Home Office “discretion” to allow her to stay.

At the tribunal, a Home Office representative acknowledged that if she had made her application at the relevant time, it was likely it would have succeeded.

Following the hearing, Ms Pasane said: “I feel wonderful, knowing that I’ll be able to stay with my mum and my sister. It’s been a great day.

“Even people who did not know me have given me their support - that’s just amazing.”

She confirmed officials offered their apologies during the hearing.

The UK Border Agency said it could not comment on individual cases.

http://www.theherald.co.uk/news/news/display.var.2390027.0.Graduate_wins_right_to_stay_in_UK_after_visa_error.php

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