Detention Watch from the Zimbabwe Association

We are relieved to hear that the hunger strike has ended and bail applications have been (and are being) submitted on behalf of the women concerned. There are very few Zimbabweans in detention now but occasionally people are still picked up, and if found to have travelled on documents of a different

nationality they may be detained. Below are some practical suggestions to help with getting out of a detention centre which may be of use to readers should their friends or family members face this problem in the future.

If you have been detained because you have travelled on South African/Malawian or other documents, and you are genuinely a Zimbabwean, the following steps should be taken to minimise your stay in a detention centre.

First: Have you got legal representation? If so, check that your legal representatives have got a good reputation. (Are they registered with the Immigration Law Practitioners Association? Have they got a Legal Aid franchise which means they are able to do your case on legal aid? If they only take private cases are they charging reasonable rates?) If you havent got a representative find out who is good before you sign up to any firm. Ringing groups such as the ZA to find out whether they know anything of a firms reputation can save you time in the long run.

Next you need to establish your nationality. This can be done by getting documents such as your Zimbabwean birth certificate, Zimbabwean passport, Zimbabwean national registration card, educational certificates, wage slips, etc. You need to show that you are truly a Zimbabwean and that it is only your desperation that has led you to leave Zimbabwe and travel to the UK on false documents. Your solicitor may be able to arrange for you to visit or communicate with the High Commission of the country on whose documents you have travelled. This may assist in proving that you are not a national of that country.

When it has been generally accepted that you are a Zimbabwean you should ask your solicitor to apply for Temporary Admission for you. If this is refused then you should ask for bail to be applied for. If your solicitor seems unwilling to apply for bail for you it is always possible to contact BID (Bail for Immigration Detainees) and ask them to help you. You may be able to apply for bail on your own by referring to the BID booklets on the bail process in the library of your detention centre.

To apply for bail and to stand a chance of being granted it you need to have a suitable accommodation address, preferably the same address as one of your sureties. You also need to have two sureties. (Sometimes one surety will be considered enough but in most cases two sureties are needed.)

Sureties need to be reliable people who will turn up in court on the day on time and with all the necessary documentation to show that they are in a position to stand surety (ie. Bank statements or savings book, proof of address, proof of status in the UK – citizenship or ILR or work permit or student permit, etc.) They also need to come from the area in which you are going to live so they are in a position to check that you are abiding by your reporting requirements.

If you have nowhere to go from detention there are organisations such as Migrant Helpline who may be able to help with securing accommodation. Many of your worries and questions may have simple solutions.

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