Recently in immigration detention Category

A landmark Supreme Court ruling today has paved the way for families facing deportation to remain in the UK if it is in the best interests of their children.

In the case of ZH (Tanzania) v SSHD [2011] UKSC4, the Supreme Court allowed a Tanzanian woman who was threatened with deportation to remain in the UK because removing her would breach the Article 8 human rights of her two children - the right to private and family life.

This was despite her chequered immigration history, which included two asylum claims under a false name. The decision will mean that courts must consider the best interests of children in cases where a parent is threatened with deportation.

Syd Bolton and Baljeet Sandhu, co-directors of the Refugee Children's Rights Project, said the decision marked a "significant step forward". In a joint statement they said: "The court has now set in stone the need to recognise the rights of the child and has sought to address the injustice done to children when immigration control is put before their welfare and needs."

They said the ruling highlighted the vulnerability of children in the immigration system, who will be denied access to justice, they claimed, under the government's proposals to cut legal aid funding. "If these proposals come to fruition an important case such as this may have never reached the court's doors," they stated

They called for the courts, the UK Border Agency and the Legal Services Commission to put in place "child-sensitive procedures to ensure that this judgment is given full effect in their duties to safeguard children, and that in all decisions about children and their families, their best interests should customarily dictate the outcome".

Picture credit: Rex Features

The High Court has slammed the UK Border Agency for unlawfully detaining two families and failing to implement detention policy properly.

The judge, Mr Justice Wyn Williams, found that the detention of the families of Reetha Suppiah and Sakinat Bello breached their right to libery and family life under articles 5 and 8 of the Human Rights Act 1998. It provided further evidence of detention policy not being properly applied, he said, and of the long-term harm it can cause to children.

The families could now claim thousands of pounds in damages, according to reports.

"The cases of the two families involved in this litigation provide good examples of the failure by UKBA to apply important aspects of the policy both when the decisions were taken to detain each family and when decisions were taken to maintain detention after removal directions had been cancelled," Justice Wyn Williams said.

Penny Nicholls, director for children and young people at The Children's Society, said the case highlights "that immigration detention of children should be ended immediately".

"It is disappointing that, given the vast body of evidence of the harm experienced by children in detention, we continue to see children detained. However, we are encouraged that the Government has committed to ending the detention of children...and we are keen to work with them to ensure that cases like this become a thing of the past".

Last month - after disappointing progress on its promise to end child detention immediately - the government announced that the unpopular practice of detaining children in immigration removal centres will end by May 2011.

Don't forget to tune into tonight's Dispatches: The Kids Britain Doesn't Want, Channel 4, 8pm. It will shine the spotlight on asylum seeking children - particularly timely given the government's rather slow progress on its pledge to end child detention.

Here's the official blurb: Every year thousands of children come to Britain seeking refuge from persecution, terrorism and war. But many arrive to find this country is not the place of safety they expected. Instead they are met by a culture of disbelief and an asylum system that in some cases causes them profound psychological and physical harm.

Through the stories of a 10-year-old Iranian boy, a 16-year-old Afghan and a young Ugandan woman, Dispatches explores the experiences of young people brutalized by the British Asylum system. This is the story of the kids Britain doesn't want.

If anyone was wondering what had happened to Gamu Nhengu (pictured) since her shock exit from this year's X Factor, here's your answer: the teenager, controversially eliminated from the ITV show last month, has been busy recording a Christmas single for Scottish charity Aberlour.

Stirling-based charity Aberlour, which provides support to over 6,000 of Scotland's most vulnerable children and families, is releasing "Where Will You Sleep This Christmas?", featuring Gamu and the Aberlour choir, in a bid to steal the coveted number 1 spot for Christmas.

Gamu, whose family is reported to be facing deportation, has supported Aberlour for several years. The single will be available for download on 13th December; listen to a preview here.