Q&A | Meet the UK lawyer who stopped a refugee deportation flight to Rwanda

Boris Johnson might have resigned as Britain’s prime minister however certainly one of his most divisive and controversial insurance policies – the deportation of asylum seekers to Rwanda – might stay as a part of his legacy, if British Residence Secretary, Priti Patel will get her means.

However not if it is challenged in court docket.

After the primary flight, which value taxpayers about R20.43 million, was stopped on the eleventh hour from leaving Heathrow Airport for Kigali in June, Patel stated: “We won’t be deterred from doing the proper factor and delivering our plans to manage our nation’s borders”.

As folks throughout the UK took to the streets on Saturday to protest towards the “heinous” Rwanda deportation plan, News24 tracked down Qays Sediqi – a trailblazing advocate at Barnes Harrild and Dyer Solicitors in London.

READ | UK police open investigation into Farah trafficking revelations

Sediqi’s identify might be remembered for years to return for his position in stopping the primary flight to Rwanda by a European Court docket of Human Rights (ECtHR) problem.

Lenin Ndebele: With Boris Johnson gone, what does that imply for the Rwanda deportation deal?

ADVERTISEMENT

Qays Sediqi: Because of the present political turmoil within the UK, there have been experiences that no one goes to be eliminated to Rwanda till a brand new prime minister is elected.

Nonetheless, the Residence Secretary, Priti Patel, is preventing tooth and nail to rearrange yet one more constitution flight to Rwanda earlier than the substantive judicial evaluation listening to on the Excessive Court docket, which has now been adjourned until September.

Ndebele: The Rwanda listening to which was listed for 19 July has been adjourned till September. What benefits does which have for the flight?

Sediqi: The problem is a really massive one with over 15 claimants represented by six regulation companies, over 25 counsel (from either side) concerned, and the UNHCR appearing as an intervener. 

Every [of the] events make submissions and current their proof which, as you’ll be able to admire, may be very massive.

The adjournment permits every get together to contemplate all of the paperwork circulated between them that are over hundreds of pages lengthy. This, in flip, permits for a good listening to to happen. 

Ndebele: Why is the deportation deal an terrible coverage? 

Sediqi: The coverage is terrible as a result of, whereas the Residence Workplace claims it would forestall and deter traffickers from illegally crossing the English Channel, that isn’t what it finally goals to do. 

The coverage is egregious and xenophobic in that it goals to stop folks from coming into the UK to assert asylum.

The Residence Secretary claims that it’s going to promote authorized entry into the UK. Nonetheless, the hundreds of asylum seekers who enter the UK won’t be able to take action sooner or later.

It must be borne in thoughts that the one means somebody can declare asylum within the UK is when they’re within the UK as a result of paragraph 334(i) of the Immigration Guidelines supplies that an asylum applicant might be granted refugee standing in the UK, following a declare if the Secretary of State is glad that:

(i) they’re in the UK or have arrived at a port of entry in the UK.

Subsequently, no one will be capable to declare asylum if they’re being prevented from coming into the UK. Nearly all of asylum seekers enter the UK illegally due to the tough immigration guidelines enforced, which they need to fulfil however which they can’t.

Subsequently, it’s clear that the Residence Workplace launched this outrageous coverage to drastically cut back the variety of asylum seekers.

Moreover, as defined above, the Residence Workplace claims that this coverage will deter traffickers from illegally bringing people into the UK.

Nonetheless, nearly all of the time, traffickers don’t get on the boat with the immigrants once they try to cross the channel. Moreover, more often than not, the traffickers pressure people to get on the boat and typically they’re threatened with knives/weapons.

As such, the individuals who will face the implications of this Rwanda coverage are real asylum seekers who flee their nation resulting from persecution.

Ndebele: If the UK leaves the ECHR, how will that impression human rights within the UK?

Sediqi: On 14 June 2022, the European Conference on Human Rights (ECHR) in Strasbourg granted our shoppers an interim order which prevented their elimination to Rwanda.

This resulted in Dominic Raab, who’s the deputy prime minister and Secretary of State for Justice introducing the Invoice of Rights Invoice on 22 June to abolish and substitute the Human Rights Act 1998 which has been in operation since 2000.

The top of the Human Rights Act 1998 will imply a breach of the Good Friday Settlement, which expressly requires the UK to have the ECHR straight enforceable in Northern Eire. This can even imply that Parliament will determine the UK’s human rights.

Ndebele: The Sir Mo Farah story. What classes are there to be learnt by migrants and in addition, the federal government? 

Sediqi: The primary message that Sir Mo Farah portrayed is that trafficking is actual and it could have an effect on anyone. 

No one ought to need to endure in silence and bottle up such a traumatic expertise. I take care of many asylum seekers who’re potential victims of trafficking who don’t disclose trafficking till a lot later of their claims. 

They do not disclose it as a result of they’re extra afraid of their traffickers who threaten them in the event that they disclose it, than they’re of the federal government.

A lot of my shoppers additionally inform me that they do not really feel comfy disclosing their trafficking experiences as a result of they do not really feel comfy disclosing something to the Residence Workplace. 

The Residence Workplace makes them really feel like they’re their enemies. Nonetheless, the Residence Workplace is the primary responder which signifies that they will refer somebody into the Nationwide Referral Mechanism in the event that they consider that they’re potential victims of trafficking.

Ndebele: Your profile says you’re a former refugee. From which county are you and what was your journey into the UK like… Did the UK assist you obtain your hopes and goals?

Sediqi: My dad and mom are from Afghanistan however they moved to Pakistan within the mid-eighties because of the warfare in Afghanistan.

My father fled to the Netherlands and claimed asylum for political causes. In 1997, my mom, siblings and I additionally moved to the Netherlands the place we claimed asylum. 

Fortunately, again then, it was simpler to enter nations. We flew to the Netherlands from Pakistan.

My mom divorced my father shortly after arriving. We moved to a refugee camp in south Holland the place we remained for a very long time earlier than being supplied everlasting lodging.

We obtained refugee standing a 12 months or two after coming into the Netherlands. These had been horrible instances. We skilled abuse and racism – the world again then was much less tolerant than it’s now.

Subsequently, I’ve first-hand expertise of what it is wish to be a refugee and undergo the asylum course of.

Q&A | The politics behind Peter Mutharika’s intention to run for Malawi presidency in 2025

We moved to the UK in 2007 for higher alternatives and since we had household right here. I’m grateful to the UK for having supplied me alternatives, a profession and acceptance.

The UK, at its core, is an accepting nation that welcomes variety and inclusivity, nevertheless, the folks on the helm are the exact opposite and are morally corrupt.

The folks in energy try to color refugees in a nasty mild; they contribute to excessive crime charges, they’re financial migrants and are harmful. 

I’m a major instance of a former refugee who’s an asset to this nation. Quite a few different people are being disadvantaged of reaching their full potential.