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gambiabev
United Kingdom
3091 Posts |
Posted - 09 Mar 2006 : 22:35:26
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Keep us in touch with the progress of the case. I hope she gets the bail...as she is sick I hope she will get compassionate treatment..... |
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Pappa

USA
76 Posts |
Posted - 11 Mar 2006 : 12:25:30
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I cannot believe the inhumanity, the unlack of remorseness in some of the replies I have read concerning this desparate woman's situation. How can you write such kind of statements - she doesn't deserve to stay, why she did not go back, etc, etc. Have you properly and clearly read her whole statement. Just imagine if you were in her shoes, what would you have done. From the struggle back home, to her self-centered uncle, to the unbearable pains, it's just too much, as I read through the statement, I felt so bad for her as if I was in it with her. I don't pray for this to happen to anybody. I think this woman's situation deserves to be an exception. You cannot creat a system and expect that it would be straight forward with no exceptions. Laws/constitutions are made to be followed but despite, they are also made in ways that they can be admended to include exceptions we had never thought about or discovered could be considered in a different context. No one is perfect, we humans are bound to make mistakes, that's just how we are created. To be continued...... |
When opportunity and prepareness meet, it leads to success!
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toast99
United Kingdom
34 Posts |
Posted - 12 Mar 2006 : 11:42:22
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thanks Pappa, your empathy, understanding, comprehension and above all humanity does you proud....I too am aghast at some of the replies, particularly those of a racist bent, and my friend has been able to read second hand by word of mouth all of these postings via her cousin in London, and she is heartened by some, ashamed at others....while she has been in the UK she has witnessed no abuse of any kind to her face, only the cold indifference of immigration....a few people here, and you have noted them, are full of either hatred, ignorence or racism....this is the one place that I would have expected understanding to her situation, and while there must be criticism if it is warrented it should be constructive not gleaned from a national newspaper....I have highlighted this on my main blog and worldwide there is horror at her situation and almost 100% support |
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Janyanfara

Tanzania
1350 Posts |
Posted - 12 Mar 2006 : 22:46:33
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Hi Toast and Papa, How are the situation with our dear sister?Anything possitive? I pray 4 her day and night so that she will at least be deported to face something she doen't like.which will violate her Human Rights. I know few things such as:, violation of Article 3 of the ECHR to deport anybody to anywhere in the world where they will face torture. Also,it will be a violation of varrious Articles to deport someone who fears torture when deported. I know if she has a good Human Rights lawyer,she will stay Well here are some of my contribution from the European Convention on Human Rights which is directly applicable in the Uk courts( as incouporated by the Human Rights Act 1998): Thank you . I wish her all the best and every genuin asylum seeker. Mankajang Janyanfara
[b]Articles relevant to immigration status[/b] Article 2
• Article 2 (the right to life) requires the state not to take life (except in the lawful situations described) and also to act positively to protect it.
• NB Despite being explicitly excepted from Article 2, the death penalty is a breach of human rights due to the UK signing the optional Article 1 of the 6th protocol.
• Article 2 can be used in cases, or where is a risk of extra-judicial or judicial killing by agents of the state, or where there is a risk of fatal violence from others against which the state can not offer the required standard of protection.
• However, in practice, most breaches of Article 2 will also be breaches of Article 3.
Article 3
• The Home Office’s argument that this is the only Article of the Convention that can be relied upon in expulsion cases has now been rejected. Nevertheless, this remains the crucial right for asylum cases.
Article 3 can be divided into three separate categories of ill treatment: 1- Torture. 2- Inhuman treatment or punishment. 3- Degrading treatment or punishment.
• Article 3 is an absolute, non-derogable right. The strength of its protection is diluted only by the extremely high threshold that must be passed for treatment to come within Article 3. In immigration claims it is necessary to show that the ill treatment feared is of sufficient severity to meet that protected by any of the three forms of harm above.
• The standard of proof is a ‘real risk’ of treatment in breach of Article 3.
Circumstances in which Article 3 may provide protection when the refugee convention does not: 1- No exclusion from protection. The right to be protected under Article 3 is absolute and unqualified. A person excluded from protection under the 1951 because of their conduct or because they are threat to national security may not be removed if they will be exposed to a risk of treatment contrary to Article 3. 2- No convention reason needed. Under Article 3 asylum-seekers does not have to show that they risk harm as a result of one of the convention reasons. The purpose of Article 3 is to protect individuals from serious harm regardless of why it is caused. 3- Protection in civil war situations. Exposure to the ordinary effects of a civil war will fill under Article 3 protection. 4- No need to show a risk of ‘persecution’. Article 3 can provide greater protection because: #61656; it does not require continuation or persistence. #61656; and the lower intensity forms of harm (inhuman or degrading treatment or punishment) may provide protection where the harm is not severe enough to amount to persecution. 5- No need for ill-treatment. Article 3 does not require ill treatment by the receiving state, any person or group of people. It could be breached simply by the effect of removal on the individual in question or the effect on them of the withdrawal of facilities presently provided in the sending state. 6- British citizen relatives. Article 3 does not require that a person is outside his own country. Article three applies to anyone within the territory of a contracting state.
Article 4
• This article prohibits slavery. It has been rarely used.
• Article 4 is relevant where returning someone would expose them to: #61656; gangs trafficking in women or children for prostitution; #61656; forced or compulsory labour; or #61656; abductions by militias of forced recruits in military struggles.
Article 5
• The main purpose of Article 5 is to protect people from arbitrary detention and to provide certain procedural safeguards for those people who are lawfully detained.
• Where a person is to be returned to their country in circumstances where they face detention in breach of these conditions, there may be a breach of Article 5.
• Article 5 may offer greater protection than the Refugee Convention. For example, where: #61656; It is found that the person faces detention contrary to Article 5 but for only a brief period of time and without the risk of ill-treatment or persecution. #61656; Arbitrary detention carried out for a legitimate purpose without risk of ill-treatment or persecution. In both cases, the IAT has founded that only flagrant or gross breaches of Article 5 in the country of return will mean that the sending state is in breach of the right.
Article 6
• The ECtHR has indicated, and the House of Lords in Ullah confirmed, that a flagrant breach of Article 6 in the receiving state could amount to a breach of the right.
• Immigration rights themselves have been held not to constitute civil rights within Article 6.
Article 7
• Article 7 can be raised if a person faces prosecution and trial on return for an offence which was not an offence when the person carried out the act in question.
Article 8
• The right to respect for a private and family life in Article 8 has a role in claim for protection cases.
• Treatment which is less severe that Article 3 treatment may still infringe a person’s private life where there are sufficiently adverse effects on physical and moral integrity (see Bensaid v UK [INLR] 325 where the applicant, an Algerian national, was a schizophrenic suffering from a psychotic illness. He had arrived in the UK as a visitor and was receiving treatment for his condition. The decision to deport him was resisted on both Article 3 and Article 8 grounds. The Court accepted that treatment that does not reach the severity of Article 3 treatment may nonetheless breach Article 8 in its private life aspect where there are sufficiently adverse effects on physical and moral integrity.
• The IAT indicated in several cases that it is unlikely that there would be an unjustifiable breach of Article 8 if Article 3 is not also breached. However in many circumstances Article 8 was breached without the breach of Article 3 or the Refugee Convention.
• Advisers should not abandon the Refugee Convention in this kind of case.
For further information on what amounts to a Family Life for the purpose of Article 8, please click here
Article 9
• If a person can show that their right to actually hold their belief will be infringed if they are returned, the home office may not be able to rely upon the requirements of immigration control to justify returning them nor on any justification which the receiving state may have for interfering with the right.
• However, where a person has relied on Article 9, the ECtHR has tended to treat claims as raising issues under Article 10 and 11 (in which restrictions apply in all circumstances) rather than Article 9.
Article 10
• Article 10 is usually involved in issues of press freedom and could also involve forms of political or cultural expression.
Article 11
• Those who have been or will be prevented from forming or joining a political party or organisation in their country of origin might rely on Article 11.
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Edited by - Janyanfara on 12 Mar 2006 23:00:12 |
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toast99
United Kingdom
34 Posts |
Posted - 13 Mar 2006 : 08:17:59
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hi Jayanfara, a QC, Queen's Council, is compiling the latest appeal, and you cannot put it in more competant hands, so awaiting both go-ahead to the High Court and bail from Yarl's Wood.....but we are hopeful! For the judge to give leave to a QC to compile a second appeal shows that are some grounds of doubt to deportation in the judge's mind or he would not have sanctioned the additional cost involved. thank you for your continued support.... |
Edited by - toast99 on 13 Mar 2006 08:18:41 |
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Janyanfara

Tanzania
1350 Posts |
Posted - 14 Mar 2006 : 22:58:04
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Oh thats atleast a good sign I hope they will let her get bailed from detentionI call it.Have you been give a solicitor by the state? I will keep in touch in case you need my help.I also deals in human rights.But only at a local level not yet an international nature of her kind.But am sure the uk policy doesn't allow people to be sent to countries where they will face torture...Violation of Article 3 of the European Conventipon of Human Rights.Also the National Immigration and Asylum Act 2002,s.82,83,84 could be relied on to prevent her deportation. Thank you4 being there 4 her. |
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sab

United Kingdom
912 Posts |
Posted - 14 Mar 2006 : 23:41:16
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Greetings, A family’s asylum application was rejected by the Irish Justice Department last autumn, and their predicament was made worse when it was discovered that the son had a number of learning difficulties. As well as there being no special needs facilities in Nigeria to help the son, it is feared that his condition would be interpreted as a manifestation of demonic possession or voodoo, for which the family would be ostracised, and which would make it very difficult for them to find a landlord willing to let them have a place to stay. A petition of 3,000 names has been signed and a judicial review has recently been granted.
On March 3, at the High Court in Dublin, the Judge found that the deportation order was in violation of section eight of the European Convention On Human Rights, which preserves “the right to private and family life.”
Just thought I would share this story from 'Voice' with you, regards, Freedom & Peace.
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The world would be a poorer place if it was peopled by children whose parents risked nothing in the cause of social justice, for fear of personal loss. (Joe Slovo - African revolutionary) |
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toast99
United Kingdom
34 Posts |
Posted - 16 Mar 2006 : 07:57:10
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thank you Sab, all the signs look more positive day by day best wishes |
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toast99
United Kingdom
34 Posts |
Posted - 28 Mar 2006 : 11:51:35
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sad news but I post here a copy of an e-mail that I received today about our friend Maimuna
On 28/03/06, Nouran Tawfiq <email address removed for confidentiality> wrote: I think you know that we have exhausted all appeal rights so there is nothing we can do to prevent her removal. She was to be deported last week but she refused to go as she had an appointment with her specialist that she wanted to attend. For whatever reason they did not remove her on that day. I am sorry there is nothing else I can do for her. I feel particularly emotionally involved with Maimuna because I have very real concerns about what will happen to her in Gambia but I’m afraid she has reached the end of the line in the UK. I hope that you and Anna are able to help her in some way in the Gambia.
Good luck,
I am saddened that it has come to this, but will do my damndest to help her in whatever way in The Gambia
thanks to all for your continued support and concern
toast99
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Edited by - toast99 on 28 Mar 2006 13:17:21 |
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kiwi
Sweden
662 Posts |
Posted - 28 Mar 2006 : 12:09:09
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Sad news, indeed. I am prepared to make a contribution, though it might be small, when she is back in the Gambia. Keep in touch. |
kiwi |
Edited by - kiwi on 28 Mar 2006 12:17:59 |
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Sister Omega

United Kingdom
2085 Posts |
Posted - 29 Mar 2006 : 00:06:26
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Toast 99
I'm sadden to hear that Maimuna lost her appeal. I wish her all the best when she returns home to Gambia.
Peace
Sister Omega |
Peace Sister Omega |
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Janyanfara

Tanzania
1350 Posts |
Posted - 29 Mar 2006 : 00:37:47
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Oh my God, Has it come to this?Why she?If the authorities can think being cruel to a poor Gambian,Then why are they keeping terrorists and muderers in Jail and not deport those people.They are more a threat to public security than our dear Maimuna.God bless Her. Well let me know if she needs my help where I can contact her.I shall be in the Gambia hopefully in a week or so to take my kids back to their mum and I shall be there for two weeks. Iam really sad to hear this news. |
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toast99
United Kingdom
34 Posts |
Posted - 29 Mar 2006 : 08:48:01
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thank you Kiwi, Sister and Janyanfara....your concern and compassion do you credit |
Edited by - toast99 on 29 Mar 2006 11:09:14 |
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sab

United Kingdom
912 Posts |
Posted - 29 Mar 2006 : 12:27:12
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Our thoughts are with Mainuna. Toast99 you did your very best, maybe a time will come when we will know the whereabouts of Mainuna and people travelling over will be able to take medication to alleviate her pain. Freedom & peace…
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The world would be a poorer place if it was peopled by children whose parents risked nothing in the cause of social justice, for fear of personal loss. (Joe Slovo - African revolutionary) |
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serenata

Germany
1400 Posts |
Posted - 29 Mar 2006 : 12:31:19
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Really sad news! I feel very, very sorry for your friend. Please contact me if I can do something to help her in Gambia, and give her my very best wishes. May God protect her.
The European authorities' cruelty and stupidness seems to know no limits anymore. |
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