Asylum tribunal says returned Zimbabweans are not safe

By Tererai Karimakwenda
14 October 2005

Zimbabweans in the UK were jubilant on Friday as they celebrated the ruling by an asylum and immigration tribunal that it was generally not safe to return failed applicants back home. The tribunal also severely criticised minister Charles Clarke's policy on deportations to Zimbabwe. It said the lack of interest of the home secretary in how Zimbabwean authorities dealt with returned nationals was "rather alarming.”
Zimbabweans had been anxiously awaiting this decision for weeks now in what is known as a “country guidance case,” meaning that the decision made here will influence the general UK policy on Zimbabwe immigration issues.

The court’s ruling found that the failed asylum seeker, whose identity is being protected, had a "well-founded fear of persecution" if he was sent home. Although the person in question is reported to have been "fraudulent" and "deliberately dishonest" with British authorities, the tribunal said he was still at risk simply by having spent time in the UK. The tribunal added: "The fact that the appellant made a false claim, so generating the risk which would otherwise not have existed, does not alter the fact that the real risk of serious harm exists now.”

In a statement released soon after the tribunal decision was announced, the home office said: “We are disappointed with today's determination. the Tribunal has decided that, unlike claimants from every other country, the individual merits of Zimbabwean asylum claims do not count when assessing whether it would be safe for them to return to Zimbabwe. Our view remains that only on the basis of such individual consideration can we be confident that the correct decisions are taken.” According to the statement, the home office will consider carefully the Tribunal's determination before deciding how to proceed.
Sarah Harland, an asylum activist with the Zimbabwe Association, said it was very emotional in the court Friday. She said the tribunal handed out printed copies of their decision to a mob of media, lawyers, activists and Zimbabweans in a scene that resembled a rugby scrum. Harland said more copies of the 40-page decision had to be printed.

Harland said as the decision was read out loud, the mood went up then down as it appeared the decision was favourable one minute and then not the next. It was only towards the end that everyone realised it was indeed a favourable ruling and they erupted with emotion. So many people were at risk of being deported and this decision was a relief. Harland said for now at least, those cases that had been denied asylum because they were considered low level risk should submit fresh claims. If the home office decides to appeal and they are granted this, the case may wind up in the high court. But while the energy created by Friday’s ruling is still strong and vibrant, Harland advises Zimbabweans to use it to press for a better situation in Zimbabwe.