Press Archives

18 August 2005

Iraqi deportees: Can Rashid ruling help?

The press release issued yesterday was based upon an interpretation of the Court of Appeal decision in Bakhtear Rashid which is not entirely correct. JCWI’s advice still stands, that is that ALL Iraqi asylum applicants and failed asylum seekers should check with their lawyers whether this legal decision affords them protection. The amended wording is highlighted below in red.

Following news reports that deportations of Iraqi failed asylum seekers are imminent, the Joint Council for the Welfare of Immigrants reminds all Iraqi asylum applicants and their lawyers to check whether a recent Court of Appeal decision may offer them any protection.

The effect of the decision in Secretary of State V Bakhtear Rashid, June 2005, (CA/2004/2454) is that any Iraqi national predominantly from outside the Kurdish Autonomous Zone (KAZ) but not excluding all those from the KAZ, who were told by the Home Office that they could safely go and live in the KAZ, and who made an application for asylum before March 2003 may be granted indefinite leave to remain.

Habib Rahman, Chief Executive, JCWI, said:

“Along with many other migrant organisations we deplore forcible returns of asylum claimants to any area of Iraq. Clearly the situation there is still very high risk.

“However there is a chance that this Court of Appeal judgement may protect some individuals from deportation. While failed applicants should not get their hopes up unduly, Iraqi nationals who made an asylum application before March 2003, and were told that they could live in the KAZ, should double check with their solicitor as to whether they can obtain any protection under the latest ruling.”