Failed UK Zimbabwean asylum seekers to know their fate Tuesday

By Lance Guma
05 March 2007

Failed Zimbabwean asylum seekers will know their fate on Tuesday when the UK Court of Appeal delivers judgement in the ‘AA’ test case. The case is named after the pseudonym of a Zimbabwean asylum seeker who is challenging attempts to deport him and is arguing that not only is Zimbabwe an unsafe destination but there is automatic risk for all asylum seekers, by virtue of having sought asylum. The court has to determine whether it’s safe for the UK Home Office to deport him and legal experts say the case has a bearing on all failed asylum seekers from Zimbabwe.

Last year in August, the Asylum and Immigration Tribunal (AIT) ruled that Zimbabwean deportees did not face ‘automatic risk’ once back home. ‘AA’ appealed that decision and this is the reason why the matter is back before the Court of Appeal. The UK government has said it will grant protection to those who deserve it but opposes granting blanket immunity to all failed asylum seekers irrespective of circumstances.

Harris Nyatsanza, a spokesman for the United Network of Detained Zimbabweans, told Newsreel the matter has been to tribunal twice and it was in the interest of both parties to have it resolved once and for all. Asked if this would be the final decision in the matter Nyatsanza says the matter could be sent back to tribunal for a third time if the need arose. This he said would depend on the evidence presented and whether it could sway a decision in favour of ‘AA.’ Other experts interviewed by Newsreel say an appeal could be lodged with the House of Lords for a final decision.

Nyatsanza says it will be hopeful thinking for Zimbabweans to expect a general amnesty or temporary work permits, because the UK government is under pressure to deal decisively with issues of immigration and asylum. He cited comments by Home Office Minister Liam Byrne who ruled out any form of amnesty. If the Court of Appeal rules in favour of the UK Home Office, deportations of failed Zimbabwean asylum seekers will begin. Critics of the Home Office say its screening process is flawed and has resulted in many genuine asylum seekers being denied protection while some fraudulent claims succeeded.