Deportation: Lordorice & Imelda Belong to Belfast
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Friday May 04, 2007 10:02
by redjade
Lordorice & Imelda Belong to Belfast
Lordorice Djountso came to Northern Ireland on 03 August 2005 from Cameroon.
When arrived she was very withdrawn and seemed frightened. It transpired she was also in the early stages of pregnancy but this had not been confirmed at this time. Her daughter, Imelda, was born in Belfast on 10.03.06.
Lordorice claimed asylum on grounds of persecution arising out of a dispute with a local chief. She claims to have been raped and that her brothers were killed. After a considerable period in hiding without incident, she reported the rape and murder to the authorities. She claims that following the report that an attempt was made to find her and kill her and she subsequently fled Cameroon. The claim was refused and came before the Adjudicator who refused her appeal on credibility, adding that even if the claim was considered credible, that she was not likely to be of interest to her attackers so long after the event and further that there was sufficiency of protection available in Cameroon. Ms Djountso presented medical evidence following the refusal of the appeal that demonstrated that she is suffering from PTSD. She claimed that had this material been available to the Adjudicator that it was possible that a different view on credibility would have been reached. She also claimed that as a result of the PTSD that removal would be in breach of Articles 3 and 8 ECHR. The Secretary of State refused to consider the new evidence as a fresh claim under Rule 353 of the Immigration Rules. Judicial Review proceedings were taken against the refusal. Both the High Court, and the Court of Appeal refused leave to apply for judicial review.
read more about this case at...
http://www.ncadc.org.uk/newszine82/lodorice.html
more about
National Coalition Of Anti-Deportation Campaigns (UK)
http://www.ncadc.org.uk
Comments (2 of 2)
Jump To Comment: 1 2Convention for the Protection of Human Rights and Fundamental Freedoms
Article 3 - Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.
Article 8 - Right to respect for private and family life
1 Everyone has the right to respect for his private and family life, his home
and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others,
http://tinyurl.com/2o8lar
European Court of Human Rights
http://www.echr.coe.int/echr/
Both the UK and Irish Governments were required to transpose the subsidiary protections
aspect of the Asylum Qualification directive into law on October 10th of 2006.
The article and links on Ireland are at :- http://www.indymedia.ie/article/79003
and Uk.
http://www.ind.homeoffice.gov.uk/6353/6356/_-_/17715/Mi...2.pdf
The law on protection if someone fails to qualify for asylum staus is not retrospective
(in ireland) but it is enforceable under EU law.
If she has not applied before , she may qulaify for consideration, but check out the EU
ans Uk rules with regard to transposition. am not sure if qualification for protection
is a last resort or a whole other set of paperwork.
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