6 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN THE UNITED KINGDOM
Anthony’s mother was from Liberia and his
father from Zimbabwe. He is in his midthirties. During the years of political unrest
in Zimbabwe, he spent some time in South
Africa and Mozambique. He then claimed
asylum in the UK. His claim was rejected and
following a conviction for making and
possessing a false document, Antony spent
fourteen months detained under
immigration powers. He signed up for
voluntary return to Zimbabwe but the
Zimbabwean authorities, without proof of
identity, have refused to accept him as a
national. He was released from detention
following a judicial review proceeding which
awarded him damages for unlawful
detention. He made a statelessness
application which was refused on the
grounds that he has a deportation order
pending. After being interviewed for this
report, in May 2016 he was re-arrested
when he went to report as part of his release
conditions. The HO is now trying to assess
whether he is a Nigerian national, based on
some emails he had written while in
detention, which hint that he could be from
there, despite him claiming not to have any
connection to it. He is married to a British
national and his family has been separated
by his detention. His wife suffers from
mental health problems and his detention is
exacerbating her condition.
John is a man in his mid-forties who was born
in South Sudan to Liberian parents. When he
was five years old, he and his family moved to
Liberia. During the conflict in Liberia, he lost
contact with his family and the military
abducted and tortured him, also forcibly
conscripting him as a child soldier. John fled to
the Netherlands as a minor and lived there
irregularly for many years. He then came to the
UK where he had some friends and applied for
asylum. His asylum claim was refused and he
became destitute. He was convicted and
sentenced to three years in prison for dealing
in class A drugs. He regrets his crime, but he
stated that without the right to work or
support, he was so desperate that he did not
have any other choice. In addition to his prison
sentence, John spent three years in
immigration detention, during which he had a
number of interviews with the Liberian,
Nigerian and Sudanese embassies, all of which
denied that he is a national. Following a judicial
review which challenged the lawfulness of his
detention, John was awarded damages for the
last six months of his detention which was
deemed to be unlawful. However, he was only
released on electronic tagging with a curfew.
After a year and nine months he was detained
again for six and a half months because he
breached the curfew conditions in order to
attend the funeral of his stillborn twins. After
further attempts to remove him failed, John
was released on tag once again. The curfew
that has been imposed on him requires him to
be at home between 9 pm and 7 am each day.
He also has to report to immigration
authorities once a week. He made a
statelessness application which was refused on
the grounds that he has a criminal conviction.