Brighton charity wins stay of execution for Libyan refugee

Posted On 25 Aug 2013 at 9:47 am

A Brighton charity has won a stay of execution for a refugee who fears that his life is at risk if he is sent back to Libya.

Ali Senussi was represented by Brighton Housing Trust (BHT) at an appeal from the First Tier to the Upper Tribunal of the Immigration and Asylum Chamber.

BHT handles a number of publicly funded asylum cases for people in Brighton and Hove and the wider south east including for those appealing against deportation.

In Mr Senussi’s case the senior Home Office presenting officer Daniel Hayes agreed that there were material errors of law in the determination of the judge of the first tier.

Council repairs

At the appeal he accepted that the first tier judge had made no findings on the documentary evidence provided by Mr Senussi.

The judge had not said whether he found that Mr Senussi’s old diplomatic passport was genuine.

He had not found what that showed with regard to Mr Senussi’s father’s involvement with the regime of the late deposed dictator Colonel Muammar Gaddafi.

Nor had he considered the other documentary evidence such as the ID card from the deposed regime’s Purification Committee and the Gratitude and Appreciation Certificate.

Upper Tribunal Judge Alistair McGeachy, sitting at Field House in Bream’s Buildings, London, said that findings about those documents were clearly relevant.

He said that they related to the connection that Mr Senussi’s father had with the Gaddafi regime.

As such they were relevant to the assessment of Mr Senussi’s claims as to what had happened in Libya and to an assessment of his fear of return.

After representations by barrister Jo Wilding, who was instructed by BHT, Judge McGeachy said that the case should be reheard afresh on all grounds.

The case will be heard at Taylor House in Rosebery Avenue, London, on Wednesday 23 October.

The judgment given at Mr Senussi’s appeal, which was heard last month, can be seen here.

BHT explains on its website what support it offers in immigration and asylum cases including legal advice and representation.

The charity includes details of one refugee who was given help by the charity.

She arrived from Afghanistan when she was 16 years old and claimed asylum at the airport at which point she was taken into the care of social services in the Brighton area.

She gave an account of her being targeted in her home by militia because of a dispute with her family.

Her account was initially disbelieved and her claim refused but because she was still a child she was granted discretionary leave until she was 17 and a half years old.

After the refusal she confided to her BHT case worker the full extent of the sexual assaults that she had suffered. Her account was confirmed by expert medical evidence.

The case was presented again to the UK Border Agency and she was granted refugee status.

BHT said: “Not only has she now won the secure future and protection she deserves under international law but her story is one of her personal empowerment and courage in the face of horrific past experiences and an insensitive and drawn out determination procedure.”

 

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