Zimbabweans in UK must rally and oppose deportations

Zimbabweans in UK must rally and oppose deportations

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By Lloyd Msipa

I WAS hopeful that this week the Zimbabwe country guidance case HS Zimbabwe would have received a positive judgement by now.

However, this is not to be as most of you know by now that judgement in this case was reserved. What this means is that the judges may in the near future surprise us with a judgement that could be in favour of Zimbabweans in general or for the Home Office.

In the interim and judging by the political climate in England, I think it would be wise for Zimbabweans to organise themselves and start informal organisations geared at campaigning forcefully against deportations to Zimbabwe.

Deportations to Zimbabwe are indeed taking place as we I speak. The category of deportees includes those that have overstayed their visas and failed asylum seekers who have agreed to take the International Organisation for Migration package. Also in the category of deportees are those Zimbabweans who have travelled to the United Kingdom on foreign passports (especially South African and Malawian).

The problem faced by this group is rebutting the assumption made by the Home Office – that a passport is representative of that person’s nationality. Zimbabweans in the failed asylum category must also be mindful of the possibility of the moratorium currently protecting them being suddenly lifted by the decision in HS (Zimbabwe). There is a need for a fall back mechanism should this happen by way of an anti-deportation organisation(s) geared especially for Zimbabweans.

An Anti-Deportation Campaign involves organising resistance to restrictive immigration legislation and in the process getting the government to change their minds in deporting an individual. Campaigning involves putting your views to the general public in order to influence them towards your aim, which is to stop the deportation.

I am mindful of the ‘Vigil’ held every other Saturday in London. However, this does not constitute an Anti-Deportation Campaign per-se. The key to a successful campaign is building layers of support and solidarity at a local level and networking. This is campaigning, through collective action and the construction of sympathetic networks throughout the country.

I would go as far as to say that it is possible for political organisations like MDC-UK to establish a wing for this very purpose. Why the MDC-UK? Well immigration law is clearly political and is designed to stop migrants, immigrants and refugees from remaining in the United Kingdom. The immigration appeal system may give you rights of appeal, but often you may not win in law.

Since you cannot always rely on the legal system to keep you from being removed, it becomes necessary to start a campaign. A campaign is directed at building support for your case so that a Home Secretary may exercise his/her discretion and let you stay.

I am also mindful of the worry by some people that a public campaign may endanger them if they are eventually returned to Zimbabwe. In these circumstances, campaigns may be done quietly using less abrasive means like information on the internet, emails, or providing material support to campaigners.

Others out there may be asking ‘how does one begin a campaign?’ It is important to define and articulate the issue at hand. For example, people may write to the Home Office in large numbers expressing their disapproval over the possible removal of a person. Secondly, you may also write to your local Member of Parliament clearly articulating your concerns if a particular individual or individuals is to be deported. Let the facts of the matter speak for themselves and provide supporting documents if possible.

It is also important to be familiar with the decision making process that applies to each particular case. Timing is everything when it comes to campaigns. Use technology to your full advantage. Not everyone is available to come to the streets and hold placards, but almost everybody can afford to fax a document to the relevant office.

Your campaign should produce leaflets, placards, posters and banners that explain your case clearly. Publicity is of paramount importance if one is to win public support and sympathy. What a campaign group has to bear in mind is that their intention is to keep the person threatened with deportation in the United Kingdom, hence the need to identify the issue

It is important therefore to give your campaign a name, for example “Save Musiyamwa from deportation”. Campaigns are by definition political hence my idea of involving political groups affiliated to the Zimbabwean cause involved.

Organisations like the MDC-UK, ZimVigil, Zvakwana and others could start this exercise as a Zimbabwean cause. As indicated above, campaigns are by nature political because they are a response to the unjust laws and inhumane nature of immigration laws.

While some campaign groups will therefore be more political than others, it is important that the interest of the deportee be put first. The reason I say this is that it is possible for the agenda to be lost in the political correctness of some of these campaigns. Chances of a positive outcome are considerably increased by more people participating.

Campaigning is about wining public support for your case and demonstrating that support so that the Home Secretary may change his/her mind. It is important to remember that no-one is deported until the plane takes off. Airlines are subject to public pressure and will not carry deportees if there is an organised protest at the point of departure.

Lloyd Msipa is a Zimbabwean immigration lawyer based in London. His column is published in The New Zimbabwe every week. He can be contacted on e-mail: lmsipalaw@virtalukandco.com or 07877839019

Disclaimer: This article only provides general information and guidance on immigration law. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information
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