UK using Malawi loophole to ignore ban on Zimbabwe deportations

By Tererai Karimakwenda
19 September 2005

Elias Kaposa, a Zimbabwean now in detention in the UK, was almost sent to Malawi this past Saturday even though his birth certificate is Zimbabwean and he has the metal identification card from Zimbabwe as well. In fact his passport, though it was issued in Malawi, names Harare as his place of birth. In addition he speaks Shona fluently and knows no languages from Malawi. But immigration officials in the U.K. put him on a plane destined for Malawi, despite a current ban on removals to Zimbabwe.

Elias came to the UK in October 2002 on a visitor’s visa, then later applied for political asylum. He moved from London to Luton where his family is located and was picked up on August 15th when he went for his weekly sign-in at Luton police station. He had been scheduled by the Home Office to be deported to Malawi last Saturday, but he walked off the plane and was immediately handcuffed by security guards. Elias says he spent 10 hours in a waiting room at the airport and was returned to the detention centre late at night. He is scheduled to be deported in October and has been told he will have escorts all the way to Malawi.

Elias says he is aware of the pending country case that is to be heard in October, which will determine whether it is safe to return anyone back to Zimbabwe. Until that case is heard, a judge ruled at the last hearing that there are to be no Zimbabwe removals.

Many Zimbabweans are using Malawi passports to escape from Zimbabwe and avoid getting caught. But immigration officials in the UK are using the Malawi loophole to make exceptions. It is clear from all the documents Elias has provided that he is indeed Zimbabwean. He is not the only one affected. Several other Zimbabweans have been classed as Malawian and have been given flight dates. All have found ways to resist deportation.