Friday, December 16, 2011

UK returns refused asylum seekers to Sri Lanka

The Royal Courts of Justice. Photograph: Alamy

A group of refused asylum seekers and foreign criminal offenders have been returned to Sri Lanka after the failure of an 11th-hour high court attempt to halt the flight.

Lawyers for the activist group Tamils Against Genocide (Tag) argued that the government's removal policy was flawed and there was a real risk of returnees facing torture and ill treatment.

But at an emergency hearing on Thursday, Mr Justice Mitting rejected the general challenge and ruled that the courts could only consider challenges based on individual case histories.

The Home Office said 55 people, among them refused asylum seekers and foreign nationals who had committed criminal offences in the UK, had arrived in Sri Lanka.

Human rights lawyers said there had been protests and claimed that at least 20 people were taken off the plane before departure after launching legal challenges against their removal by the UK Border Agency.

A UKBA spokeswoman rejected the claims but could not say how many individuals, if any, might have avoided the flight.

The spokeswoman said: "The UK has a proud record of offering sanctuary to those who need it, but people who do not have a genuine need for our protection must return to their home country.

"We only undertake returns to Sri Lanka when we are satisfied that the individual has no international protection needs. The European court of human rights has ruled that not all Tamil asylum seekers require protection."

Tag's barrister, Shivani Jegarajah, argued at the high court that there was "a legitimate expectation" that removals by the UKBA to Sri Lanka would be halted while recent reports of returning asylum seekers facing torture and ill-treatment were investigated.

Jegarajah said serious concerns had been raised by a report from the UN committee against torture and by groups including Freedom From Torture and Amnesty International. She said a recent Swiss federal court ruling indicated that UK policy might be out of step with EU case law relating to asylum claims from Sri Lanka.

Mitting said he had been told that many of those on board were refused asylum seekers of Tamil extraction – although others were Sinhalese, the majority ethnic group in Sri Lanka, who had not claimed asylum.

He ruled: "This attempt to prevent the wholesale return of Sri Lankans, and in particular Tamils, to Sri Lanka must be rejected. If any of the individuals on this flight wish to seek to challenge their removal to Sri Lanka they must do so by the traditional means of challenging the individual risk factors, not by recourse to general factors."

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