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 ). 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 inCM fears that if returned to Hatfield he would be targeted by Zanu PF thugs in nearby Epworth.
Zimbabwe live away from and in difficult circumstances so that
they would be unable to support him. Harare
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
. We would be reluctant to take at
face value anything CM tells us about his personal circumstances that is
unsupported by reliable independent evidence.” United
“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
, 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 United
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 Zimbabwe
government’s returns programme. He has worked as a small businessman (EM
). Neither his age nor his health suggests that he would lack means of
support. United Kingdom
“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
. 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.” Harare