Update of Legal issues from Zimbabwe Association

1. • Supreme Court has ruled in ZO Somalia (July 2010) that people who have a fresh claim for asylum AND have been waiting for over a year for a FIRST decision (on the fresh claim) from UKBA, may be entitled to seek work
   • People still have to apply for permission to work through UKBA
   • People in this position may be eligible for asylum support
   • Ask your legal reps for advice on this

2. 72 HOUR RULING

2. • Medical Justice has won a case which means that notice of Removal must be at least 72 hours (i.e. people should be given 3 days notice of any removal from the UK)
   • This is to enable people with Removal Directions to get legal advice

3. ZIM COUNTRY GUIDANCE CASE OCTOBER

3. • There is a new Country Guidance case being heard in October, which will decide whether RN should be reviewed
   • A Home Office team will be in Zimbabwe in August assessing the situation on the ground
   • Anyone who has any information about people in Zimbabwe being persecuted or harassed (particularly people who are NOT political) is welcome to contact ZA office (see details at foot of page)
   • Anyone who has any first-hand information about what the situation is like on the ground in Zimbabwe please contact the ZA office
   • Anyone who has news of people who have been removed to Zimbabwe, or have returned voluntarily, and how they are getting on, please let us know at ZA office
   • INFORMATION needed asap (preferably by mid September)

4. DISPUTED NATIONALS

ZIMBABWEAN DISPUTED NATIONALITY ISSUES and REMOVALS

During 2010 the asylum removals system has changed and got much quicker. People are detained and removed within 3 or 4 days.

No one canjust arrange a full STOP THE REMOVAL campaign in a couple of days following someone’s detention. If someone has a disputed nationality case – they – and all their friends/family should be working flat out NOW:

• to establish their real nationality
• get their lawyers to contact relevant High Commissions and see whether they will comment on the authenticity of documents and nationality of the person
• get Zim nationality documents authenticated by recognised independent experts
• build up a support base in the place where they are living
• go on campaign training courses with an organisation such as NCADC (National Coalition of Anti Deportation Campaigners)
• learn what to do

BEFORE they get detained!

Each person needs a team of supporters working HARD to achieve success.

IN DETENTION:

• find a competent lawyer (or make sure person is legally represented)
• make sure all case reference details and documents can be faxed to lawyer
• alert lawyer and supporters AS SOON AS person receives Removal Directions

It is important to get contacts for competent human rights lawyers and organizations in the country to which the person may be sent.

If it is not possible to stop the removal follow the steps below.

AFTER REMOVAL

If the person is removed:

• family/ friends should stay in contact and try to ensure the person is ok
• raise the alarm if something bad happens
• If person ends up in a country where they know no one then they should ask for help from a local church or faith centre (group)
• If they are harmed on removal by escorts, they should try and contact medical people (in Malawi or South Africa or wherever they are sent)and get injuries documented
• Try to establish identities of escorts
• make a record of what happened as soon as they can
• if person is imprisoned on arrival or disappears make contact with human rights groups in the country and ask for help in tracing your relative/friend