Monday, 18 February 2013

YOUR APPEAL IS HOPELESS - UK JUDGES TELL ZIMBABWEAN ASYLUM SEEKER

A 60-year-old Zimbabwean asylum seeker has been told by immigration judges in the UK that his case was so hopeless that he is not entitled to humanitarian protection.

The man known only as CM has fought a long running legal battle with the Home Office but the Immigration Tribunal has finally slammed the door on him telling him the CIO were not interested in him, neither was Chipangano.
“We found CM to be a very unimpressive witness in the evidence he gave to us. He was evasive, lacking in telling detail and inconsistent about such details as he did provide. We were left with a strong impression that he was inventing aspects of his evidence as he went along to support the case he was endeavouring to make.

 “We were wholly un-persuaded that CM is now or would be on return of interest to the Zimbabwe CIO or other State security services. There is no reliable reason to believe that he would be interrogated about MDC activities at the airport and fall within one of the risk categories in HS.  If the web-based information regarding CM had come to anyone’s attention at all, which we doubt, it would not lead to a risk of ill-treatment for that reason alone. In the light of the preserved assessment of absence of any significant MDC activities in Zimbabwe, we do not consider that there is any real risk that he would be assessed as an activist on return or would genuinely wish to engage in such activism,” they said in a recent judgement.
They added : “CM has failed to show a reasonable likelihood that, if returned to Zimbabwe, he would suffer persecution or other serious ill-treatment. His Article 8 case is hopeless. He has no protected family life here. Whilst he has a protected private life, this remains exiguous (EM [297]). He has the usual medical conditions to be expected with late middle age. No case has been advanced that it would, in the circumstances, be disproportionate to remove him, given the United Kingdom’s interests in maintaining immigration controls.”

CM had argued that he would interrogated by the CIO if returned to Zimbabwe since he was politically active in the UK.
But judges disputed this claim saying that he waited some two years before joining the MDC in the UK and the minutes provided at meetings at his local branch showed that his record of attendance was irregular and characterised by a conspicuous lack of activity.

CM also claimed that he would be without means in Hatfield and his house there was dilapidated.  He had been previously economically active in Harare but his business was destroyed by Zanu PF thugs. The tribunal did not believe the story.
The judges said : “CM remains capable of economic activity, and has previously held well paid employment. He might have to resort to the informal sector.  He has a house available in a low or medium density suburb and the updated evidence does not cast doubt on the Tribunal’s earlier assessment that he would not be at risk by reason of his claimed former role as an MDC organising secretary at local level.”         

CM’s lawyer had claimed that the house where CM had been living in Hatfield was empty and dilapidated and his second wife and one of his sons had gone to live in Malawi.  His four children in Zimbabwe live away from Harare and in difficult circumstances so that they would be unable to support him.
CM fears that if returned to Hatfield he would be targeted by Zanu PF thugs in nearby Epworth.

But the judges said : “We were equally unimpressed by his attempts to present himself as an MDC activist in his local United Kingdom branch. Whilst we recognise that he has been in the UK for a number of years, as this protracted appeal has gone through the various levels of decision making, he has never had any claim to remain here other than for alleged reasons of international protection and, by contrast with JG in the EM group of appellants, CM has not been responsible for small children growing up in the United Kingdom, as the years pass by.  Whatever his state of health, future employment prospects or the state of disrepair of his house, they do not amount to reason to remain in the United Kingdom. We would be reluctant to take at face value anything CM tells us about his personal circumstances that is unsupported by reliable independent evidence.”

“There is no credible evidence that CM would be forced through economic necessity to seek work outside Hatfield, so as to come into contact with Chipangano. His true economic position is unclear, as a result of his propensity to say whatever he thinks might best serve his aim of staying in the United Kingdom, come what may; but he cannot properly use that lack of clarity to his advantage. Even if he in truth lacks means, he has a property in Zimbabwe, which he has not shown to be uninhabitable. He has a means of support from his aunt, as well as the prospect of financial help from the United Kingdom government’s returns programme. He has worked as a small businessman (EM [295]). Neither his age nor his health suggests that he would lack means of support.

“the appeal of CM is a simple one that by itself would not merit the degree of analysis that preceded our conclusions: he has no profile making him of interest to the authorities on arrival at Harare Airport. There is no reason to believe that he will be stopped and interrogated on his journey from the airport to Harare. He has lived and retains premises in a low or medium density suburb of Harare where gang activity is not endemic. The house may be in need of some repair but CM has family who are potentially able to help him and asylum or subsidiary protection is not extended according to the degree of repair work needed on leaky roofs.”

 

 

13 comments:

munonyadzisa baba imi...zvino mungaronge nhema dzakapusa kudaro kuri kuda kurambira munyika dzevamwe.....we look forward to receiving you at harare Airport...tokuendesai kumbare monanga kumusha..kana musisina imba muHarare...chibage chekutanga chato furura...manhanga ipwa nemapudzi zvatoibva....motibatsira kukohwa..vanhu vemaricho tiri kutsvaga...saka basa ririko...munowana mari yekutema mapango ekuvaka imba huswa hwekupfirira hobho...mvura yanga ichinaya zvayo....tokuchekerai munda for next season mawuya nguva yakanaka....mbeu hamuishaye..kune presidential well wishers seed pack....saka pekutangira paripo

People have become big liers just because they want to stay in UK shame on CM.

Kikiki kikiki zvino kana iye Morgan and his fellow cronies varikudya noriva as we speak with their biggest adversary in tandem (RGM) and Morgan being leader of the MDC, who are you CM, a mere insignificant activist to protest potential harrassment as well as risk to your life at the hands of CIO? Tipeiwo ma serious sekuru, that boat sailed a long time ago, zivayi zvekudzokera kumusha kunotamba ne vazukuru ! Kikikikiki

Dzokai kumba baba, mutambe nevazukuru

kana baba vakapotswa neminda, mazuvano hurumende iri kumhanya nemigodhi kuvanhu. varatidza business acumen (discredited though) saka vanogona kungo lander zvavo pa Airport and hit the ground running so to speak.

Iwe Jimalo siya mudhara adye mari yemahara yemaBritish mhani.Iyo nyaya yenyu yekuti muHarare city centre mofanana neMbare musika netsvina chimbozvigadzirayi izvozvo.Madhara aya ajaira kugara nekufamba nzvimbo dzakachena,zvino zvekumusha zvekuti munowetera nekudhotera pose pose ndizvo zvinoita kuti vamwe vatye kudzoka kumusha kusina masewer nemvura yakachena.Pagadzirisei ipapa musati moti mudhara uyu ajaira kugara nyika ine vanhu vane hany'a nenyika yavo wodzokera kumusha.

Hupenyu hwazovaomera Sekuru ava..

Sekuru Dzokai ku Zim is not so bad varume. Garai pamusha murime muriwo nechibage its even healthier. Hakuna Firing Squad Dzokai paruzeva mukuye dovi veduwee ndohupenyu wedu. Zvechingezi izvi munosvika rinhi nazvo

hehehe CM Punk..dzokai kumusha..nherera kumusha dzino chema idzo

Nomakhukhubi ekhaya kumnambi! Dzoka kumba mhani with your dignity intact.

Uri mambara chaiye! Ungacheme kuti musha wako une tsvina uri kuda kuti utsvairwe naani iwe izvo uri kutiza? Ndimi nhubu dzinokonzeresa kunyongana mumamana!

Nhai veduwe-e, dzokai kumusha!! Hazvinyadzise kuda kufira nyika dzevamwe??!!Hakuna munhu angamboita basa nerombe rakaita sewe!! Ask Makosi...

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