Haval's legal fight gives hope to asylum seekers
THE hopes of hundreds of asylum seekers who are desperate to remain in the UK could hinge on a court case involving a man who fled to Bristol from Iraq.
Haval Ahmed, who lives in Easton, left the Middle East in 2005 after he had been put under pressure by insurgents to join them in carrying out terrorist attacks.
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Asylum seeker Haval Ahmed, 23, wants to stay in Bristol Picture: Michael Lloyd
Despite being from Mosul, one of the most dangerous parts of Iraq, Mr Ahmed was told by the British authorities that it was safe for him to return.
The 23-year-old has consistently tried to convince the Home Office that he cannot return to Iraq.
Now, a High Court judge has agreed that a judicial review should be carried out into his case.
If he is successful, it could pave the way for hundreds of other asylum seekers to win the right to remain in the UK.
The Avon and Bristol Law Centre, based in Stokes Croft, requested the judicial review on behalf of Mr Ahmed. The firm says he is one of many asylum seekers caught in a legal grey area who do not know whether they will be given permission to remain in the country.
Mr Ahmed's case was caught in a backlog of 450,000 cases waiting since 2007 to be resolved.
About three quarters of those immigrants have so far been granted leave to remain and the rest were either removed from the UK or are still awaiting a decision.
Beth Cooper, the solicitor advising Mr Ahmed, said: "The decision making seems to be inconsistent. A policy must be seen to be fair or it risks injustice being done. The Home Office announced a policy which stated that it would deal with the backlog by July 2011. When it announce such a policy, it has a duty to act fairly both in its procedures and decisions.
"We asked the High Court to decide whether the Home Office has acted fairly and what should be done in cases like Mr Ahmed's. We're delighted that it decided that his case had merit and should be considered at a full hearing.
"This will take place in a few months' time. We are hopeful the court will decide that Mr Ahmed should be allowed to stay in the UK.
"If the court finds in his favour, hundreds of other people will be allowed to stay too."
Speaking through an interpreter, Mr Ahmed said: "If I was removed, I would be in great danger in my home country."
10 Comments
by Bracknellgas
Wednesday, January 11 2012, 12:13AM
“Previous comment should have read "I am NOT implying that all asylum seekers have diseases far from it......."”
by Bracknellgas
Wednesday, January 11 2012, 12:11AM
“I appreciate that these people come from war torn, poor countries but UK is full. We have now over taken Belgium and Holland as the most densely populated country in europe apart from Luxembourg, Lichtenstein etc. We do not have enough housing, jobs, health care, school spaces for own own without having to take on people from various nations. Eventually the poor nations will bring us down to their poor level and that simply cannot happen.
With this case, I suggest that he came here illegally in the first place but we have to support him, why? What has he done to show that he wants to be part of British society, probably not a great deal. Well Haval a good start would be to learn english, and you have been here for years and simply you have not bothered, you should be fluent by now. It is to easy for people coming into this country, it seems as though they know that we will bow to their needs and get housing, food, health care etc and in this case because Haval cannot be bothered, an interpreter is required which will cost a fortune for every meeting.
I suggest that he is removed together will any others if they cannot contribute to society by getting a job, speak fluent english, do not commit crime and come into the country disease free so they are not a drain on health care. I am implying that all asylum seekers have diseases far from it but we just need to look after this country and ensure people are not a drain on health care. I welcome people coming to this country if they contribute and it is vital they speak english. We need to follow Australia, no messing about there and the majority supports. Labor, Liberal and National Country think the same.
I also suggest that we get out of Europe and be able to control our own borders, vote UKIP.”
by katachua
Tuesday, January 10 2012, 8:16PM
“@steviebaby
"I'm sorry but whilst I appreciate the risks involved in returning to his country & the likelihood of danger, why has he not taken the trouble to learn English during his over 6 years in the UK?? I assume he gets no benefits whilst awaiting his fate?"
See my question to joning.”
by steviebaby
Tuesday, January 10 2012, 6:31PM
“I'm sorry but whilst I appreciate the risks involved in returning to his country & the likelihood of danger, why has he not taken the trouble to learn English during his over 6 years in the UK?? I assume he gets no benefits whilst awaiting his fate?”
by roly12345
Tuesday, January 10 2012, 6:19PM
“Surely there must be some international consensus on the good, bad and ugly countries in the world.
I accept the UK will decide for itself whether Iraq is "safe", but were does the UN or Amnesty International place Iraq.
and something that worries me greatly, nowhere have I seen it reported that the failed asylum seekers are still alive and well 12 months after being repatriated.
Lets not forget we repatriated many to their deaths over the years, lets hope they were the last.”
by katachua
Tuesday, January 10 2012, 3:01PM
“@joning
"He's lived here at least 4-5 years, perhaps longer, and still needs an interpreter. "
Where do you get that figure? It says he left Iraq in 2005 and it says the backlog dates back to 2007, but nowhere does it say how long he's been in the UK.”
by MarkBS9
Tuesday, January 10 2012, 2:42PM
“It doesn't say how he got here. Asylum seekers are supposed to seek asylum in the first safe country they get to. I'd be very suprised if he came to the UK on a direct flight from Iraq in 2005.”
by joning
Tuesday, January 10 2012, 2:14PM
“He's lived here at least 4-5 years, perhaps longer, and still needs an interpreter. Brilliant.
I'm all for accepting genuine asylum seekers but three-quarters of applicants? Seems a very high proportion.”
by RobBradStoke
Tuesday, January 10 2012, 2:06PM
“Sadly there are too many countries where death is a real possibility.
It is important not to confuse "economic migrant looking for work" with someone whose life is genuinely in danger.”
by winford
Tuesday, January 10 2012, 1:36PM
“Doen't the majoprity of 'asylum seekers' say that they will be in danger if they return to their own country. Should be checked out VERY THOROUGHLY for all of them. They cant all be in danger!!”