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UK: Asylum-seekers awaiting EU court
ruling on detention
28.1.2008
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January 28, 2008
UK, -- Thousands of asylum-seekers who are
routinely detained in fast-track removal centres
while their claims are being considered by the Home
Office could win the right to freedom when judges in
Europe deliver a landmark ruling on January 29.
If the European Court of Human Rights rules in
favour of Dr Shayan Baram Saadi, an Iraqi Kurd who
has since won the right to asylum in the UK, the
Government would have to release refugees who have
arrived lawfully and pose no risk of absconding.
Such a ruling would be a blow to Labour's policy for
the speedy removal of failed asylum-seekers. Under
the present system, refugees who have fully
co-operated with the authorities are detained at
Oakington Reception Centre where their cases are
fast tracked. The vast majority are removed within
days, some with little chance of challenging the
decision.
Human rights groups argue that depriving any
individual of their liberty can only be legally
justified when it is necessary
rather than administratively convenient.
Dr Saadi, a member of the Iraqi Communist Party,
immediately claimed asylum upon arriving at Heathrow
on 30 December 2000 and was granted temporary
admission. He co-operated fully with the
authorities,www.ekurd.net
but was subsequently
detained. He successfully appealed and was granted
asylum in January 2003.
Dr Saadi and three other Kurdish Iraqi detainees
claim that their detention was unlawful. Liberty's
legal officer Alex Gask said: "It is tragic to
imprison foreign nationals fleeing prosecution for
mere administrative convenience."
The Court of Appeal and the House of Lords have
upheld the Government's position that the detention
was "to prevent unauthorised entry" and that the
measure was not disproportionate.
independent co.uk
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