7 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN UKRAINE
Mohammad Gazrat is a 25-year-old man
from Afghanistan who was brought to
Ukraine by smugglers en route to the EU. In
November 2014, he was apprehended for
attempting to illegally cross the border and
detained for a year. After being released,
Mohammad managed to pass all
governmental procedures and obtained a
temporary residence permit. It was not easy
to start a new life after detention as he could
not work or receive money transferred by
his relatives. Due to the hardships he faced,
Mohammad again tried to leave the country
illegally. His residence permit was annulled
and at the time of publication he was again in
detention.
Abigail Akintola was born in Nigeria 21 years
ago. Her family is Muslim and Abigail is
Christian. Religion divided them severely.
Abigail arrived in Ukraine on a student visa,
however she did not sign a contract with her
university as the fees were expensive and she
felt the facilities she received were poor. She
was detained at the European Union (EU)
border when she attempted to cross over
with an alleged emergency travel document
from Belgium that contained false information
about her date of birth. Both the Nigerian and
Belgian Embassies in Ukraine did not confirm
Abigail’s identity upon request of the
Ukrainian authorities. At the time of
publication, she was detained in a Migrant
Detention Centre (MDC), after which she
hopes she will obtain a temporary residence
permit.
Sahill Abdulla from Afghanistan arrived in Ukraine in 2014 when he was 22 years old. He
managed to irregularly cross the border to Slovakia in a group and requested asylum. Slovak
border guards however, only admitted the families with children. Single men, including Sahil,
were readmitted to Ukraine and immediately placed in detention. After one year in immigration
detention, Sahill was released as he could not be removed to Afghanistan as he lacked the
necessary travel documentation. Upon release, Ukrainian authorities provided him with a
temporary residence permit. This document entitled him to remain in Ukraine legally but “was
not sufficient to arrange a normal life in Ukraine”. It did not give Sahill the right to work or engage
in any other gainful activity, nor did it give access to welfare services or medical aid. Sahill was
unable to find any informal employment to provide for himself and after some time he dared once
more to attempt to cross the border into the EU – again without success. Upon readmission he
was automatically subjected to fresh removal proceedings and placed in immigration detention.
At the time of publication, he was serving his second term of immigration detention and has lost
any hope in law, in humanity and in justice.