Tips for Zimbabwean asylum seekers

THE British Ministerial Statement on forced removals of failed asylum seekers to Zimbabwe released on October 29 was odd, coming as it did when Zimbabwe is sliding into violence again.

Immigration Minister Phil Woolas said the UK government intended “to make changes over time to our returns policy to Zimbabwe” which “reflects developments in Zimbabwe following the formation of the inclusive government led by Prime Minister Tsvangirai.”

The contents of the statement have been well publicised and I will not go into details. The public should not fall into panic mode because the minister DOES NOT say that the suspension on removals has been lifted.

The important point to note is that there has been no change to the suspension of removals to Zimbabwe but the Home Office is moving “over time” to changing it and “will be starting work over the autumn on a process aimed at normalising our returns policy to Zimbabwe, moving towards resuming enforced returns progressively as and when the political situation develops.”

The position remains, therefore, that we can assume the suspension remains in place until there is an announcement to the contrary. The UK government will be monitoring the political situation in Zimbabwe before they make the decision to start sending people back to Zimbabwe.

What does this mean to the many failed asylum seekers and illegal immigrants from Zimbabwe?

The situation remains the same, but it can change at any time. Zimbabweans should, therefore, start planning that they may have to return to their country of origin sometime in the near future.

The year 2009 saw thousands of Zimbabwean over-stayers claiming asylum following the ruling in the case of RN. Whilst a large number were granted asylum, hundreds or even thousands were refused. These people are now reporting to the immigration authorities and living in state-provided accommodation.

As a result, many of these people are in a vulnerable position should removals recommence. The question on their minds is what should we do?

The purpose of this post is not to act as a scare monger but to give a few practical tips in the event of detention.

If you are liable to detention and deportation, you must at all times carry the following information on your person:

Full name

Date of birth

Home Office Reference number

Home Office Port Reference number

Some details for any family members

Phone number of your solicitor including their emergency number

Your MP, including their emergency number

Your doctor (if there are any persistent medical problems with any member of your family or yourself).

Numbers of any friends/support group/campaign group.

A mobile phone that doesn’t take photos or give access to the internet (phones that take photos or give access to the internet will be confiscated if you are detained).

You must have a file containing all your legal documents and kept next to your front door if in stable accommodation. If a ‘snatch squad’ invades your home, you should insist that they let you take the file. A copy of this file should be left with someone who is not liable to detention and is easy to contact. If detained, you can phone this person and ask them to make copies and post them to yourself and others.

If homeless, you must carry this file at all times.

If you are reporting, you must inform someone you are going to sign and give them a deadline for a return call saying you have not been detained. Best practice: someone should accompany you. This person should have all your details and if they don’t hear from you, they should contact reporting centre/police station to find out if you have been detained.

If detained, at the first opportunity ring your solicitor if you have one, your friend or supporters.

Register with the Zimbabwe Association and Support groups and ensure that you carry their details.

If you do not have a Solicitor then register with one and ensure that they have all your details.

Voluntary Return

There is always the option of returning to Zimbabwe voluntarily. The Ministerial Statement states the following:

“On 1 February we announced enhancements to the Assisted Voluntary Return (AVR) package for Zimbabweans. AVR packages are available for individuals of all nationalities who are within the asylum system. The standard package provides support to help them reintegrate into their home country, including £4,000 for vocational training, assistance in setting up a business and a flight home.

Since February the package for Zimbabweans has been supplemented with an extra £2,000 of reintegration assistance. This includes an additional £500 cash on departure, an extra £1,000 ‘in kind’ assistance for business set-up, a £500 basic subsistence package and cholera prevention kits.

We are today changing the way we deliver our supplementary package for Zimbabweans such that the total value remains the same but, instead of providing the assistance ‘in kind’, cash payments will now be phased in over a six month period through the IOM office in Harare. Making cash available to those who go home will support economic reform in Zimbabwe – enabling people to return voluntarily and use their skills to support change and help rebuild Zimbabwe with capital behind them. The scheme will also be extended until 31 December and will be reviewed at that point.”

Not everyone living unlawfully in the UK is at risk of persecution in Zimbabwe. There are some who are merely economic migrants. The option of returning voluntarily is good in the sense that you have control over the way you leave the UK.

There is more dignity in making your own plans rather than being unceremoniously kicked out of the UK just with nothing but the clothes you are wearing after living here for five or more years. It is worth considering returning on a voluntary basis rather than to continue to live in limbo in the hope that the UK government will have an amnesty.

It is, however, an individual choice depending on one’s circumstances back in Zimbabwe.

Regularising your immigration status

The Ministerial Statement serves as a stark reminder that the United Kingdom cannot continue to host Zimbabweans indefinitely and therefore there will come a time when people that are living here unlawfully will have to return.

It is important to regularise one’s immigration status before they are faced with removal or detention. I have noticed that some of my countrymen and women have a tendency to jump on the bandwagon. There have been fads with regard to regularising one’s immigration status. It started with student visas, moved on to ancestry visas then asylum.

I asked someone why they had claimed asylum when their case clearly had no merit. The answer I was given was: “Well everyone else was!”

The point that I am making is that individuals should seek advice from legal advisors with regard to their own particular circumstances and see what the best way to regularise their immigration status is.

There are many Zimbabweans who are currently in relationships where one partner has Indefinite Leave to Remain or has naturalised as a British National. It is still possible to leave the country voluntarily and apply for entry clearance from Zimbabwe.

With the correct legal advice and evidence to support one’s case, this is a viable option to regularising one’s immigration status in this country. That is one example, but there are many options available depending on your circumstances.

It is, therefore, advisable to seek advice relating to your own personal circumstances before it’s too late.

Rumbidzai Bvunzawabaya is a Solicitor at RBM Solicitors based in Coventry. She can be contacted at info@rbmsolicitors.co.uk or telephone: 02476520999