BRITAIN: A senior judge called on the British government yesterday to halt all removals of failed asylum-seekers to Zimbabwe pending a further High Court hearing, as a Home Office official told a separate hearing that deportations had already been halted.
The judge acted after a Refugee Legal Council (RLC) representative told him there was evidence to suggest asylum-seekers were in danger of being ill-treated and abused in Zimbabwe just because they had claimed asylum in the UK.
During the case, Mr Justice Collins angrily condemned the deportation of one Zimbabwean woman after a mistake was made by Securicor, responsible for escorting her out of the country.
The woman, who was flown to Harare, was now "in hiding", said the judge. He said the Home Office had cancelled the removal directions after the woman lodged an application for judicial review with the High Court.
But the fax sent by the Home Office to Securicor was dealt with by a temporary member of staff who did not realise the significance of the fax.
"How anyone could fail to appreciate the significance of a fax from the Home Office telling them removal directions had been cancelled frankly escapes me," said the judge. "Even a half-wit would understand. All I can say is that I sincerely hope nothing like this ever happens again."
During the hearing, Mr Justice Collins said it could be "arguable" on the basis of the RLC material that it was unsafe to send back failed asylum-seekers to Zimbabwe.
The judge stressed that he was not saying that was the case, but he said the RLC should have the opportunity to put forward its evidence and it should then be considered by home secretary Charles Clarke. He directed that a court hearing over the issue should be held on August 4th.
In the meantime, suggested the judge, failed asylum-seekers should not be removed "until this is sorted out".
However, in a separate hearing, a Home Office official appeared to contradict government policy when he told a tribunal in London deportations had already been halted.
Peter Armstrong, a Home Office reporting officer, was opposing a bail application by two failed asylum-seekers who have been on hunger strike for two weeks. Asked by the immigration judge, Patricia Drummond-Farrall, what was happening to those facing deportation to Zimbabwe, Mr Armstrong said: "Returns have been halted, ma'am." The judge asked: "So that is a changed situation, isn't it?" "Yes," Mr Armstrong replied.
After the London hearing, he told a reporter: "That is information I have picked up in the office. It is in light of recent developments in Zimbabwe - there has been no official announcement."
Lawyers for the home secretary had told Mr Justice Collins Mr Clarke had no evidence of any systematic abuse of failed asylum-seekers returned to Zimbabwe.
Jenni Richards, appearing for the home secretary, said Mr Clarke was well-aware of public concern following reports from Zimbabwe and was keeping the situation under close observation. The judge said there were 70 to 80 applications before the High Court at the moment involving Zimbabweans fighting removal.