Sri Lanka: high court blocks Tamil deportations
The high court in London
blocks the deportation of a group of failed Tamil asylum seekers who were due to be
sent back to Sri Lanka on Thursday despite torture
concerns.
The
high court decision was described as "unprecedented and precedent-setting" by a
legal source.
The
group of failed Tamil asylum seekers was due to be sent back to Sri Lanka on Thursday, on a
flight leaving the UK at around 4pm, but now they will be able to remain in the
UK while their situations are considered further.
The
landmark decision has wider implications because it also applies to all other
failed Tamil asylum seekers, and those in detention, meaning none can be removed
at present. New claimants will still have to make claims in the normal
way.
The
failed Tamil asylum seekers, represented by Renaissance Chambers, were due
to be deported on Thursday despite the government's admission earlier this
month that at least 15 Tamils previously sent back to Sri Lanka were tortured.
Sri
Lanka has an alarmingly persistent record of serious human rights abuse,
particularly for those who oppose the regime of President Mahinda Rajapaksa.
Most of the victims are ethnic Tamils.
In
2009, a 27-year-long Tamil
insurgency was crushed by the Sri Lankan government, at the loss of tens of
thousands of civilian lives. Although the war is over, human rights groups say
many Tamils continue to live in fear.
A
UK Border Agency spokesman told Channel
4 News: "We are disappointed with the outcome of this hearing and we
will appeal. The ruling does not represent a blanket ban on returns to Sri
Lanka."
A question of timing
The
judge, Mr Justice Wilkie, described the situation as "virtually unique", due to
the timing of the case.
At
the same time as this particular case was under consideration, an immigration
tribunal has been hearing evidence on the wider question of the situation in Sri
Lanka. Its deliberations will be used to update Home Office guidance on the
risks of returning people to the country.
Mr
Justice Wilkie said that because the guidance on Sri Lanka was being considered
"virtually afresh" and it was clear that "the existing country guidance will
have to change", the failed Tamil asylum seekers could not be deported as
planned.
"That
position is one which this court cannot simply blind itself to," he said.
Keith
Best, chief executive of Freedom from Torture, told Channel
4 News: "In the face of such overwhelming evidence, it is a sad
indictment of our political masters that it has taken a court to impose the
precautions that we have repeatedly called for.
"The
UKBA's removals policy for Sri Lankan Tamils remains deeply flawed. Until this
is remedied many in need of the UK's protection still live with the risk of
forced return to torture."
Sri Lankan High Commission statement on allegations of torture of Tamils "We regret that once again, Channel 4 has asked us to comment pre-facto, even before its programme is aired, and without being told precise details of what is due to be broadcast. Going by your past record it is highly likely to be another spurious piece of theatre. "In addition, the timing of your release appears to be a continuation of your sinister campaign to attempt to discredit Sri Lanka."
