07 March 2007

London - The British Court of Appeal ordered on Tuesday a tribunal to reconsider the deportation of a citizen of Zimbabwe who fears mistreatment if returned.

The case involved a 31-year-old man identified only as AA, who arrived in Britain in 2002. The man, who said he had been involved in low-level political activity, applied for asylum but was rejected by the home office in 2005.

"The government has put a great deal of time, money and effort into defending this test case, but in our view the evidence reveals a risk that Zimbabweans who exercise their right to claim asylum in the UK are at risk of serious violence if returned to Harare Airport," said Thea Rogers, deputy chief executive of the Refugee Legal Centre, which argued the case for the Zimbabwean.

AA, who claimed that he was at risk of ill-treatment if sent back simply because he had tried to gain asylum in Britain, was granted an appeal and won. The government then appealed and won its case.

The appeal judges - Justice Anthony May, Justice Stephen Sedley and Justice Paul Kennedy - have now sent the case back to an immigration tribunal.

Deportees separated from other arrivals

It accepted AA's argument that the tribunal had failed to properly consider the evidence of two former members of the Zimbabwean military intelligence, and to properly consider evidence about attitudes and practices of Zimbabwe's central intelligence organisation (CIO).

The two former intelligence officers, identified only as W5 and W6, were both formerly involved in airport security in Zimbabwe and have been granted asylum in Britain.

They testified that deportees are separated from other arrivals in Zimbabwe and are interviewed.

If there is inkling that the deportee has a suspicious military history or has been involved in opposition activity, the deportee may face a rigorous interrogation by the CIO.

"In view of what is known from the country evidence about the CIO that does give rise to a real risk that the deportee will be detained for a period of time and will be subjected to serious ill-treatment," said the Court of Appeal, quoting from an immigration tribunal judgment.

Testimony by the two former intelligence officers that deportees could face significant violence at the airport was supported by other witness, said the Court of Appeal. It noted a report that a woman was hit in the mouth when officials doubted her claim that she was a student. -News 24

Do you have a story? Then e-mail news@nehandaradio.com . If its a good one you might earn yourself money for the effort.

For general comments and feedback e-mail: editor@nehandaradio.com