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History > 2006 > UK > High Court (III)
Reid warns judges
not to block Iraqis' deportation
Tuesday September 5, 2006
Guardian
Alan Travis, home affairs editor
John Reid will sanction the forced removal of up to 32
Iraqis today after telling the high court he would ignore any last-minute legal
challenge to their deportation. The Guardian has learned that the home secretary
has told the high court that today's specially chartered flight will not be
stopped by anything short of an injunction.
Last November, an attempt to deport more than 70 Iraqi
Kurds ended with just 20 going home because of a host of last-ditch legal
applications. Mr Reid has since decided to take a tougher stance and told the
high court today's flight would go ahead regardless of any legal applications.
This is despite the Foreign Office issuing advice against all travel to Baghdad
and all but essential travel to Iraq, which suggests there can be no guarantee
for the safety of those being sent back.
In a letter to the duty high court judge sent on August 31, the Home Office
says: "Because of the complexities, practicalities and costs involved in
arranging such charters, it is essential that these removals are not disrupted
or delayed by large numbers of last-minute claims for permission to seek
judicial review.
"To ensure the viability of this operation and in line with enforcement
operational instructions, the Home Office may decide not to defer removal in the
face of a last-minute threat or application to seek judicial review."
It is known that a number of legal challenges have been made to a duty judge but
the only way individuals will be taken off the flight is if an injunction is
served.
The 32 Iraqis are all in detention, and were only told they were to be forcibly
returned within the past seven days. They were all warned that the home
secretary would not defer their removal if a threat or legal application was
made.
The high court is closed for the summer, and only a duty judge is available to
deal with possible appeals. This is believed to be the first time removals will
take place as a matter of policy while there are still legal challenges
outstanding.
Today's deportees are only the second group of failed asylum seekers that the
government has tried to send back to Iraq. In February 2004 ministers decided to
start enforcing the return of failed asylum seekers to the country, but the
programme has been a notable failure. Since 2000 more than 30,000 Iraqis have
applied for asylum and more than 90% have been rejected. So far, 2,600 are known
to have gone home voluntarily but only 20 have been forcibly removed.
The dangers of flying into Iraq meant this group was flown to Cyprus in a
charter plane before being flown to Irbil in northern Iraq, an area administered
by the Kurdish regional government, by the Ministry of Defence.
Ministers say it is important to demonstrate that people will be sent back to
Iraq to "maintain the integrity of our asylum system" in the face or repeated
criticisms.
The Home Office says today's flight will go directly to Irbil, and that Home
Office staff will be on board. Ministers admit that there are security problems
in parts of Iraq, "but we do not accept this applies to all areas".
Nevertheless, they have decided not to send back women or children or break up
family groups for the present.
Maeve Sherlock of the Refugee Council said last night: "News reports every day
show that Iraq is still a highly volatile and dangerous place. It isn't possible
under these circumstances to guarantee the safety of anyone returned there." She
added: "Many Iraqis are keen to return to Iraq and will do so as soon as it is
safe."
The UN Commissioner for Refugees was also seeking reassurances from the
government that those sent back today will have access to protection, housing
and other basic services.
Reid warns judges
not to block Iraqis' deportation, G, 5.9.2006,
https://www.theguardian.com/society/2006/sep/05/
asylum.immigrationasylumandrefugees
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