7 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN THE UNITED KINGDOM
Ousman is a middle-aged man born in
Guinea to a Guinean father and Gambian
mother. Ousman and his family lived in
Gambia before he came to the UK. In the UK
he was convicted for working illegally and,
after serving his one-year sentence, Ousman
was subject to immigration detention for
three and a half consecutive years. Despite
his cooperation with removal efforts and the
fact that neither the Guinean nor the
Gambian embassy recognised him as a
national, the HO kept making futile efforts to
deport him while keeping him in immigration
detention. He challenged the legality of his
detention and was awarded damages for
unlawful detention. His solicitor intends to
make a statelessness application on his
behalf.
Akram is a Palestinian in his forties who fled
the West Bank and Iraq and then drifted
through several countries before arriving in
the UK. He lived in limbo for many years in the
UK and spent two months in immigration
detention after serving a conviction for
possession of a false document. Akram was
convicted after he turned himself into the
police hoping that at least in prison he would
have a place to sleep. After his release he made
an application for statelessness leave and was
granted protection. He is now married, has a
family and works as a baker.
Okeke has always lived in the UK and was
probably born in the UK although he has no
birth certificate. He believes that his parents
are British but he lost contact with them as a
teenager after fleeing many years of
domestic abuse. He is in his thirties. Okeke
has faced a life of destitution and isolation in
the UK due to the lack of documents and the
abuse he suffered as a child. After serving a
criminal conviction for theft, his immigration
detention started in April 2016 as the HO
sought to deport him. Despite being
classified by the HO as a person of ‘unknown
nationality’, they attempted to deport him to
Nigeria on the basis that he has a Nigerian
name. Okeke was released in August 2016
on the grounds that his detention was not
reasonable anymore. His solicitor intends to
make a statelessness application on his
behalf.
Muhammed is a Sahrawi in his late thirties
who came to the UK as a minor, hoping to find
a better life than he had in a refugee camp in
Algeria.1 His asylum claim was refused and he
has been detained for immigration purposes
several times for a total duration of nearly four
years over the past eighteen years. The last
episode of immigration detention started in
May 2015 despite the HO accepted that he is a
Sahrawi and therefore that there are no
prospects of removal. The immigration judge
ordered his release only on the 15th of August
2016 (after several bail attempts) subject to
the condition that he HO finds accommodation
for him. It is unclear what measures if any, the
HO was trying to take to remove him from the
UK. His statelessness application was refused
due to a prior criminal offence and he is being
helped by a Non-Governmental Organisation
(NGO) with his legal representation.
Muhammed suffers from mental health issues.