SW Radio Africa (London)
Violet Gonda
18 November 2008
A UK asylum tribunal ruled on Monday that Zimbabweans unable to demonstrate loyalty to the Mugabe regime might be at risk of persecution if sent back home. The case was taken to the tribunal by a teacher known only as RN.
The Zimbabwe Association, a support group for asylum seekers and refugees, said because RN was a test case it contains in its conclusions country guidance clauses which may cover other cases with similar backgrounds. This means Zimbabwean asylum seekers who fall into the additional categories identified in RN as being at risk may be able to pursue their cases in the UK courts. (See paragraphs 258-262 of the RN ruling below)
It is believed that there are many thousands of Zimbabweans who may be affected by this ruling. The Zimbabwe Association hopes people will be able to get the protection that they deserve, and get on with their lives in the UK until the situation improves back home.
Zimbabwe Association spokesperson, Sarah Harland, said it's a significant and welcome decision, which recognises the escalation of violence in Zimbabwe throughout 2008.
She said it is possible that there is going to be movement at last because some cases have been on hold since 2005, after a Country Guidance case known only as AA started. AA was an anonymous failed Zimbabwean asylum seeker who was challenging his forced removal to Zimbabwe on the grounds that it would not be safe for him to return.
Harland said since the start of the AA cases in 2005, many individual cases have been on hold because country guidance cases were repeatedly appealed by the Home Office and the Refugee Legal Centre. (Incidentally AA himself was given leave to remain recently by the Home Office on an individual basis).
"Now we are really hopeful some of these long standing cases can be resolved," Harland said about the ruling on the RN case.
The group stressed the tribunal ruling is not a blanket decision and cases will continue to be assessed for credibility and considered on an individual basis.
People are advised to contact their individual lawyers for advice and ask how the RN ruling will affect them. If the situation improves in Zimbabwe or there are signs of a meaningful power sharing deal between the political parties, it is likely that a new Country Guidance case will be identified and heard to reflect the changes in the situation in Zimbabwe.
Click here for the full ruling by the Asylum and Immigration Tribunal
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