Temporary reprieve for Zimbabwean asylum seekers in the UK

By Lance Guma
06 March 2007

The UK Court of Appeal has sent the ‘AA’ asylum test case back to the Asylum and Immigration Tribunal (AIT) because the lower court ignored some of the oral evidence presented. Legal experts warned that the latest development only provides temporary reprieve for failed Zimbabwean asylum seekers as most of the grounds used in the appeal were dismissed. The evidence in question relates to testimony provided by former members of the Central Intelligence Organisation (CIO) who appeared before the tribunal. The central query seems to be what happens to deportees at Harare International Airport.

Appeal Court judges say they are satisfied with the tribunal’s ruling that failed Zimbabwean asylum seekers did not face ‘automatic risk’ if deported. The same judges in the tribunal who made that decision will meet again to reconsider the evidence from the former state security agents, which initially had been ignored. Harris Nyatsanza from the United Network of Detained Zimbabweans says because the same judges are meeting to reconsider the case it was highly unlikely they could go back on their previous decision. He urged affected Zimbabweans not to give up because anything could happen in the legal process.

Nyatsanza expressed concern that when the freeze on deportations began the number of asylum applications from Zimbabweans shot up but as soon as the ban was lifted the numbers came down. This he says has given the wrong impression to the authorities who argue the system is being abused. He says people who are at genuine risk should not be scared to claim asylum as this was within their human rights to do so. The UK Home Office has said it will offer protection to genuine claimants but cannot offer blanket immunity for everyone irrespective of their circumstances.

The Refugee Legal Centre has meanwhile welcomed the Court of Appeals decision to order the tribunal to reconsider the evidence. The groups says the Court of Appeal considered that the Tribunal had failed to properly scrutinise the evidence in the case and that it showed failed asylum seekers risked being subjected to serious violence by security agents.

The National Coalition of Anti-Deportation Campaigns (NCADC) says the latest development means the ‘freeze’ on deportations remains in place. The group however advised Zimbabweans affected to set up anti-deportation campaigns, as there was no assurance the ‘AA’ test case would succeed. The NCADC says anti-deportation campaigns take time to build momentum and it was better to prepare sooner than later. Deportations were frozen in 2005 after the Asylum and Immigration Tribunal initially ruled that Zimbabwe was an unsafe destination for deportees who had failed in their asylum applications. It’s predicted the case will take months to resolve.