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The Home Office policy of deportating all Zimbabwean asylum seekers was in disarray tonight after conflicting statements by officials and judicial pressure to halt the removals.
The confusion came after an immigration tribunal hearing in London was told that forced removals had suddenly been halted. Peter Armstrong, a Home Office reporting officer, said during a bail application by two detainees on hunger strike that “Returns have been halted.”
But the Home Office insisted policy had not changed and that Zimbabweans will still be deported. One woman is scheduled to be flown home tomorrow night.
Earlier Charles Clarke, the Home Secretary, said in a written ministerial statement that the Home Office continued to assess each asylum application from Zimbabwe on their “individual merits”.
Mr Clarke said: “The Home Office assesses cases on their individual merits providing protection to those who need it and seeking to remove from the UK those who do not.
“Each case is considered thoroughly before removal proceeds and any new information or representations are examined accordingly.” A Home Office spokeswoman added: “The policy has not changed. We are not providing a running commentary on deportations.”
This came as a High Court judge called on Mr Clarke to halt further expulsions The judge acted after a Refugee Legal Council (RLC) representative told him there was evidence to suggest that asylum seekers were in danger of being ill-treated and abused in Zimbabwe just because they had claimed asylum in the UK.
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 Mr Clarke.
The judge directed that a court hearing over the issue should be held on August 4. In the meantime, suggested the judge, failed asylum seekers should not be removed "until this is sorted out".
Earlier lawyers for the Home Secretary had told the judge that 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 70-80 applications before the High Court at the moment involving Zimbabweans fighting removal on the grounds that they fear for their lives or that they would suffer inhuman and degrading treatment.
During the case the judge had angrily condemned the deportation of a Zimbabwean woman, who cannot be named for legal reasons, after a mistake was made by Securicor, who were 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 was not fully trained and 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.
"Even a half-wit would understand. All I can say is that I sincerely hope nothing like this ever happens again," said the judge.
Today’s legal action follows recent pressure to halt Zimbabwean deportations after the Archbishop of Canterbury and former Labour leader Lord Kinnock joined the growing chorus of concern.
Dr Rowan Williams said it would be "deeply immoral" to send failed claimants back to a country where they could face persecution and torture.
Lord Kinnock said it would be better to let "a couple of dozen" unjustified claimants remain in Britain than risk sending back people who needed protection.
Lawyers for the Zimbabweans are expected to argue when the case comes on for a full hearing that the removal directions made against them in the past few months are in breach of Articles 2 and 3 of the European Convention on Human Rights, which protect their right to life and not to be subject to inhuman and degrading treatment.
Earlier this week The Times reported that Mr Clarke was under growing pressure to explain why he assured the House of Commons that deported asylum seekers would come to no harm when there was mounting evidence that some had been tortured.
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