Graduate wins right to stay in UK after visa error

A South African university graduate who faced deportation from Scotland because of a visa mix-up has won her battle to stay after a campaign led by her local church.

Josie Pasane, 25, arrived in the UK seven years ago with her mother and sister but, unlike them, did not apply for an extended visa because of what she claims was mistaken advice from immigration officials that she should apply at a later date.

She was ordered to leave the country by the UK Border Agency and later had an appeal against the decision turned down. However, after a meeting with officials from the agency in Glasgow yesterday she will be granted indefinite leave to remain in the UK.

The U-turn follows a campaign involving her church congregation in Broughty Ferry, near Dundee, and politicians. It was supported by Dundee Council. A petition signed by more than 3500 people calling for her to be allowed to remain in Scotland had earlier been handed to Immigration Minister Liam Byrne.

Ron Ferguson, The Herald columnist and religious affairs commentator who supported the campaign, last night welcomed what he called a “common sense” decision.

However, he added: “It does make you wonder about the number of cases in which there is no-one to speak up on behalf of those going through such circumstances.”

Dundee MP Stewart Hosie said: “It is fantastic news for her and the family and I hope now they can get on with their lives.

“I understand the Home Office apologised to the family for any misunderstandings. I don’t think the Home Office could have failed to recognise the feelings of the community through the petition.”

Ms Pasane is expected to receive written confirmation of the decision in days. The family arrived in the UK in 2001 and they settled in Broughty Ferry, where mother Catherine Pasane works as a charge nurse with the elderly.

Josie went on to get a degree from Abertay University and her younger sister, Mammie, 22, is studying at Edinburgh University.

In 2004, the family decided to apply for permanent residence in Britain. They claim officials advised them if Mammie and her mother went through the £500-each process there and then, Josie could defer her application until her visa ran out in 2008.

Josie’s application was refused in January this year. The family took their case to an Asylum and Immigration Tribunal in Glasgow in May but the immigration judge found he was not in a position in law to allow the appeal.

He did acknowledge that she had proven herself to be an “excellent member of society” and said it would take Home Office “discretion” to allow her to stay.

At the tribunal, a Home Office representative acknowledged that if she had made her application at the relevant time, it was likely it would have succeeded.

Following the hearing, Ms Pasane said: “I feel wonderful, knowing that I’ll be able to stay with my mum and my sister. It’s been a great day.

“Even people who did not know me have given me their support – that’s just amazing.”

She confirmed officials offered their apologies during the hearing.

The UK Border Agency said it could not comment on individual cases.

http://www.theherald.co.uk/news/news/display.var.2390027.0.Graduate_wins_right_to_stay_in_UK_after_visa_error.php

Labour retreats on deportation threat to Zimbabweans

The threat of deportation has been lifted from more than 10,000 Zimbabwean asylum-seekers while Robert Mugabe remains in power.

The Government signalled the U-turn after The Independent revealed last month that ministers had provoked outrage by preparing to resume deportations to Zimbabwe if they won a long-running court battle over the issue.

Gordon Brown said yesterday that “no one is being forced to return to Zimbabwe from the United Kingdom at this time”, while the Labour deputy leader Harriet Harman promised MPs: “There will not be any forced removals to Zimbabwe during the current situation.”

Today, campaigners will call for the Government to grant Zimbabweans given formal leave to remain in Britain the right to work and support themselves. Senior figures including the Archbishop of York, John Sentamu, will call for an end to the limbo facing thousands of Zimbabweans, whose asylum claims have failed and are waiting for the end of test cases to determine whether they are sent back to their homeland.

The Government had faced fury by publicly condemning the Mugabe regime at the same time as pressing ahead with legal moves that would allow it to deport thousands of Zimbabwean failed asylum-seekers.

No 10 said last month that it “expects shortly to be in a position to enforce the return of those unsuccessful Zimbabwean asylum-seekers who have been found not to need the protection of the UK yet refuse to leave voluntarily”.

Amnesty International UK’s campaigns director Tim Hancock said: “Zimbabweans and others who have been refused asylum are being treated inhumanely. Many are reduced to poverty – forced to scavenge for food; to go without vital medicines even after suffering torture.” The Refugee Council said Zimbabwean asylum-seekers were being “left to rot”. Its chief executive, Donna Covey, said: “It is utter hypocrisy for the Prime Minister to be talking about his ‘revulsion’ at Mugabe’s treatment of his people, when brave men and women who’ve had to escape to the UK after standing up for human rights and democracy in Zimbabwe are being left homeless and hungry as a direct result of his Government’s shameful policies.”

Damian Green, the Conservatives’ immigration spokesman, said Zimbabweans were still receiving letters threatening them with deportation. “This shows that whatever ministers say in public is not filtering through to officials at the UK Borders Agency,” he said. “As a result unnecessary stress in being caused to Zimbabweans living in Britain.”

Chris Huhne, the Liberal Democrats’ home affairs spokesman, added: “On one hand, the Government insists there will be no removals but on the other, [it] continues to pursue the matter through the courts and Zimbabweans continue to languish in detention centres.”

In a separate development the Home Office confirmed it would halt deportations of Darfuri asylum-seekers pending a court challenge to Home Office guidelines allowing them to be sent back to the Sudanese capital Khartoum. The announcement came after The Independent revealed on Monday that deportations to the troubled state had been resumed, despite warnings that asylum-seekers face arrest, torture or death if they return.

Plight of the failed asylum-seekers

Darfur

The Government lifted its ban on deporting asylum-seekers to Darfur this month despite warnings of widespread murder and torture of dissidents. Deportees say they were detained for months and beaten. The UN High Commissioner for Refugees says Darfuris returned to Khartoum face torture or death, and campaigners say attacks by rebels near Khartoum made all Darfuris in the capital vulnerable to persecution. Deportation of Darfuris to Sudan stopped last year as the Home Office fought a legal battle with protest groups. The Government promised to halt removals while it reviewed new evidence.

Zimbabwe

The Home Office has been engaged in a High Court battle to deport up to 13,000 failed asylum-seekers to Zimbabwe, despite warnings that they face persecution there for having sought asylum in Britain. State-sponsored violence surrounding the presidential election run-off has resulted in the murders of several opposition activists. Last month Gordon Brown denounced Robert Mugabe’s regime as a “criminal cabal”, and the Foreign Office has warned against all travel to Zimbabwe. Campaigners have criticised the Government’s “double standards”.

http://www.independent.co.uk/news/uk/politics/labour-retreats-on-deportation-threat-to-zimbabweans-865060.html

Fears minority staff will suffer in recession

THE SCOTTISH government will target ethnic minorities with its skills strategy after union leaders held a meeting with ministers to express fears that they would be first in the firing line during a recession.

Stewart Maxwell, the communities minister, said funding for the SNP government’s racial equality strategy would be announced “imminently”, and that the skills programme would target areas with shortages of particular groups of workers. He added: “We must make sure people don’t use the economic downturn as an excuse to maltreat one particular group.”

The announcement follows a recent meeting between the STUC’s black workers’ committee, Maxwell and Lesley Irving, the head of the government’s race, religion and refugees integration team, in which the committee raised its concerns about the possible impact of the credit crunch on black and minority ethnic (BME) workers.

advertisementDavidson Chademana, a member of the black workers’ committee, said: “There is a very real feeling within BME communities that black workers will be the first victims of any economic downturn. Those who do remain in jobs will be in areas of low pay and poor conditions, a multiple exploitation of sorts.

“We have to be wary of any polarisation within the workforce, where economic hardship may breed racism and prejudice.”

Mary Senior, assistant secretary to the committee, said that BME workers felt they were now at greater risk because many are on temporary contracts and employed below their skill levels in sectors with a higher turnover of staff.

She added that some employers wrongly believed migrant workers had an unclear legal status, and that BME workers claim to have faced greater racial prejudice from the wider community and in the workplace during periods of higher unemployment. They also already face unemployment rates twice as high as white Scots.

Maxwell, who has been invited to speak at the black workers’ committee annual conference in October, added: “We have a clear view that economic success depends on getting the maximum out of all the people in Scotland, not certain groups, and groups shouldn’t suffer disproportionately, whether ethnic minorities or in terms of gender.”

CBI Scotland’s assistant director David Lonsdale said companies were heading for “choppier economic waters”, with construction companies – many of which rely on migrant workers – finding it particularly tough.

But he added: “For those firms forced to make redundancies because of poor market conditions, this will be done in line with where the firm can best absorb a reduction in manpower and will have no link whatsoever to an employee’s ethnicity.

“Employers are well aware of the legal requirements on them to treat staff equally, irrespective of their ethnic origin, and if there is any failure to adhere to this, they will rightly be brought to book.”

http://www.sundayherald.com/business/businessnews/display.var.2381262.0.fears_minority_staff_will_suffer_in_recession.php

Gay asylum seeker to be thrown out of UK

A GAY asylum seeker has been refused permission to stay in Scotland and told he is likely to be safe in his homophobic homeland provided he behaves “discreetly”.

Scotland on Sunday revealed earlier this year that Syrian Jojo Jako Yakob was battling to stay here after suffering horrific abuse because of his sexuality and political activities.

It has now emerged that an immigration tribunal has turned down ADVERTISEMENThis request to stay in the UK, despite accepting that Yakob is gay and that Syria criminalises and represses homo– sexuality.

In a judgment that has appalled gay rights campaigners, the tribunal suggests Yakob is unlikely to come to any harm so long as he keeps his sexuality under wraps.

Lawyers for the 20-year-old are planning a last-ditch court bid to stop him being deported. Campaigners said they were in no doubt Yakob’s life would once again be placed in serious danger.

Yakob, a Christian member of the repressed Kurdish minority in the Arab state, fled to the UK two years ago after being arrested, shot and beaten. He left his home country after surviving a harrowing ordeal at the hands of Syrian police and prison guards. He had been arrested for distributing anti-government leaflets.

When prison guards discovered he was homosexual he suffered horrific beatings and was assaulted so badly that he fell into a coma.

Despite his attempts to start a new life in Scotland, the Home Office ordered his deportation in March and, last week, his appeal against the decision was denied.

The ruling by the Asylum Immigration Tribunal, sitting in Glasgow, states: “Syria criminalises and represses homosexuality. Homosexuals have to modify their behaviour and lifestyle accordingly. We find no evidence that in Syria (Yakob] would conduct himself other than discreetly to avoid repercussions.”

The tribunal concluded that case law does not allow homosexuals from repressive countries to international legal protection.

Yakob fled Syria for London in 2006 inside a lorry. He applied for asylum and was granted extended leave by the Home Office, but was arrested in Aberdeen last April after being found in possession of a fake Belgian passport. He was handed a 12-month sentence and sent to Polmont Young Offenders Unit, near Falkirk, until his release on bail this month. His case was first highlighted by Scotland on Sunday in March, when he was served with a deportation order by the Home Office despite the fact that homosexuality is illegal in his home country.

Yakob says he now fears for his life following the tribunal’s decision.

“I am very afraid of being sent home,” he said. “I am afraid for my life. But I will do my best to win my case and stay in Scotland. I want to stay here, but I can’t do anything until I am allowed to stay. I can’t get a job, I can’t do my computer training – my life is on hold.

“I just want to be happy and live my life.

“They believed that I was gay but they said it was not a problem to be gay in Syria if you keep your mouth shut.

“But how do you live? That is no way to live. I want to live my life and be free, and I could not do that in Syria.”

The tribunal determination questioned whether Yakob wanted to stay in the UK to avoid compulsory military service. It also found it “difficult to see” his affiliations to a Kurdish political party, since he was only half Kurdish.

It found Yakob’s evidence to have been “self-contradictory and unreliable” and questioned the truth over his Kurdish ethnic origins, his family circumstances, his account of being detained in a Syrian prison and his reasons for coming to the UK.

But gay rights campaigner Peter Tatchell said the refusal was “irrational, ill-informed and insensitive”.

He added: “This young man’s life will be in danger if he is deported. It’s outrageous that our Government is showing such a callous disregard for human rights.

“The Government is fast losing its gay-friendly credentials by its heartless, cruel and vindictive mistreatment of gay asylum seekers.”

http://scotlandonsunday.scotsman.com/scotland/Gay-asylum-seeker-to-be.4260491.jp