By Will Davies
THE future remains uncertain for asylum seeker Mark Coleman, who faces enforced deportation to Zimbabwe, where he fears prison, torture and even death.
Earlier this month the Court of Appeal referred a key case for Zimbabwean asylum seekers back to the Asylum and Immigration Tribunal (AIT), directing it to consider oral evidence that it originally rejected.
On October 18th, 2005, the AIT found that enforced deportation of asylum seekers like Mr. Coleman would expose them to a risk of ill-treatment at the hands of the Central Intelligence Organisation (CIO), Mugabe’s secret police.
It froze forcible repatriation.But in April of last year, the High Court ordered the AIT to reconsider its decision following an appeal by the Home Secretary.
The tribunal decided that there was ‘no automatic risk’for Zimbabwean deportees.
Last Tuesday, the appeal court judges were satisfied with the AIT’s ruling, but criticised the lower court for rejecting oral evidence in support of charity Refugee Legal Centre, who brought the case on behalf of those facing deportation.
Mr. Coleman said: “This is good news. Mugabe is helping everyone’s cause as well, with what is happening in Zimbabwe at the moment — attacking opponents and beating up the opposition leader Morgan Tsvangirai .”
Deputy chief executive of Refugee Legal Centre, Thea Rogers, said: “The evidence reveals a risk that Zimbabweans who exercise their right to claim asylum in the UK are at risk of serious violence if returned to Harare Airport.
“The Government should not just maintain its ban on forcibly removing Zimbabwean asylum seekers, but should grant them protection in the UK until the situation improves, allowing them to work and support themselves.”
The Home Office maintains it will defer enforced returns to Zimbabwe while the case continues, but will expect Zimbabweans like Mr. Coleman to leave voluntarily, and encourage them to take advantage of the ‘generous return and reintegration package’available to them.
A spokesman for the Home Office said: “It is only right that we provide protection to those in genuine fear of persecution, but enforcing the return of those who have no right to remain here is a key part of upholding a robust and fair asylum system.
“It remains our intention to resume enforced returns as soon as possible.”
Mr. Coleman added: “It’s hard to understand just what the Government’s motives are. They either pretend its not happening or pretend it is not as bad as it is, which is terrible.”
Mr. Coleman said he could be entitled to an ancestral visa because his mother was born in colonial Singapore while her father was serving in the British Army.
He said: “My mother should be entitled to citizenship which can then transfer onto us.“It will be a few months before we know what’s going on. She has to prove she was born while he was in service — there is a chance, which is great.”
The 10 Downing Street petition set up by friends and family of Mr. Coleman has reached nearly 800 names.
In a letter to the Standard, Mr. Coleman’s parents, Celia and Steve Coleman, who escaped to Costa Rica from Mugabe’s tyranny, said: “We would like to thank all your readers who have taken an interest in the case.
“Our son should not be returned to Zimbabwe after all the publicity and we are desperate to ensure that he is allowed to remain in the UK.”
Those wishing to add their name to the petition can do so by logging on to: http://petitions.pm.gov.uk/MarkColeman.
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