A senior British judge on Wednesday called on the government of Prime Minister Tony Blair to halt all deportations of failed asylum seekers to Zimbabwe pending a further High Court hearing.
The comments came as scores of Zimbabwean asylum seekers continued a hunger strike to protest against being forced to return to their troubled country.
Judge Andrew Collins said he acted after a representative from the Refugee Legal Council told him there was evidence to suggest that asylum seekers were in danger of being ill-treated and abused under President Robert Mugabe’s regime, simply because they had claimed asylum in Britain.
He said it could be ”arguable” on the basis of this material that it was unsafe to send back failed asylum seekers to the country.
Collins stressed, however, that he was not saying this was the case, but noted that the refugee council should have the opportunity to put forward its evidence and it should then be considered by Home Secretary Charles Clarke.
He directed that a court hearing over the issue should be held on August 4.
In the meantime, Collins suggested that failed asylum seekers should not be removed ”until this is sorted out”.
”It is guidance but we take it seriously, we can’t ignore it,” said a British Home Office spokesperson.
Earlier lawyers for Clarke told the judge that the minister had no evidence of any systematic abuse of failed asylum seekers returned to Zimbabwe.
Collins said there were between 70 and 80 applications before the High Court at the moment involving Zimbabweans fighting removal on the grounds that they fear for their lives or that they would suffer inhuman and degrading treatment.
The Blair government has been criticised by human rights and humanitarian organisations for not having officially suspended deportations of failed asylum seekers to Zimbabwe, where a five-week government programme to destroy unauthorised dwellings has left hundreds of thousands homeless.
As of Monday, 106 failed asylum seekers were being detained pending removal to Zimbabwe.
British lawmaker and former minister Kate Hoey, who recently visited Zimbabwe undercover and is campaigning on behalf of asylum seekers from the country, said Collins’ comments were great news for people fearing deportation.
”The Home Secretary has refused to listen to reason up to now. I only hope that he now listens to what the High Court has said.
”No one should be being deported and he should now lift the threat hanging over everyone on hunger strike, so that these people will feel able to stop their hunger strike,” she told Britain’s domestic Press Association news agency. – Sapa-AFP