UK fails to deport Zimbabwean Activist
22 July 2011
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London(ZimEye)A London based female Zimbabwean activist was saved at the last minute just before being hauled into a Kenyan Airways plane, for deportation to Zimbabwe.
This followed a fierce campaign involving UK lawmakers launched by London activist Martin Chinyanga together with the Zim Vigil charity organisation.
It is not yet clear the full reason for the miraculous reversal of deportation but Josephine Chari will not be deported and it was claimed her lawyer late Thursday had begun proceedings to challenge any other future deportation by the United Kingdom Border Agency.

Holding a placard reading'87 and standing for re-election' ... Josephine Chari (left in white)

“She is no longer going now, and she is happy. Her ticket has been cancelled,” announced Chinyanga.
Earlier on Zimbabweans had held their breaths Thursday all afternoon, as they bombarded Kenyan airways’ telephone lines campaigning for the airline to cancel her ticket. An email sent out at 3Pm Thursday titled – Josephine Chari  to face  automatic death penalty in Zimbabwe, read:
“We have just heard that Josephine Chari is at  Heathrow to catch Kenyan Airways Flight KQ101 to Nairobi leaving Heathrow at 20.00 tonight. UKBA has refused her lawyer’s representation. The lawyer is now working on a judicial review. She says there is not time to lodge the review in person and the court won’t accept it by fax so she is calling the judge at 5pm to ask for an emergency injunction to stop the removal but she is not hopeful,”
However Chari’s fate was miraculously reversed as it was announced she would not be travelling anymore. She was said to be preparing her papers before leaving the airport at the time of writing. MORE TO FOLLOW(ZimEye, UK)

18 Replies to “UK fails to deport Zimbabwean Activist”

  1. kunoona ani!! Kuengland kunogeza tumbuya tunozvimamira vangumbuya ndakambogeza lets work 4 our countrie cz handina kuirwira ndenga .ndangakanga ndisina imi moti vamuga vega!!

  2. leave chari alone .all these comments a comming 4rom zanu zanu mujibhas.if you are all not blind then you should come to reality with what is happening in zimbabwe.enjoy your pay 4rom zanu now because when change comes dont come bagging

  3. leave chari alone .all these comments a comming 4rom zanu zanu mujibhas.if you are all not blind then you should come to reality with what is happening in zimbabwe.enjoy your pay 4rom zanu now because when change comes dont come bagging

  4. ndinopa kutitenda, i really thank you @Free General Advice for potential zimbabwean removals
    your advice is so usefull and an eye opener .. not this rubish from the negative sayers.

  5. Martin de Williams…ki ki ki ki ki, kambwa kechirungu. Shasha, Bla Miki is free to travel and stay in any country without restrictions. Handifambi ndichinyepera kuurawa kuti ndiwane pekugara

  6. Campaigning is very good in order to let people be aware of the issues in relation to protests re forced returns to Zimbabe but campaigning of itself does not stop an intended home office removal- that is why Ms Chari ended up being at the airport despite the campaigning. What very likely happened is that the lawyer or the barrister managed to seek and obtain a telephone injunction from a High Court Judge. Therefore oral submissions were made over the phone to the judge. The level of campaigning against removal is not relevant before a UK High Court Judge- what is relevant is whether the home office carefuly considered this lady ‘s submitted representations and evidence. If the representations were just refused without proper scrutiny by the Home Office with no right of appeal then the judge hears the brief argument over the phone for Ms Chari’s case and where the judge is satisifed that Ms Chari’s case has some good prospects then the Judge issues the injunction. Usually the representations for failed asylum seekers involve an argument that they amount to a fresh claim for asylum such that if the representations are refused the applicant should obtain an in-country right of appeal against the refusal decision. Where the home office do not give a right of appeal with the refusal decision then the applicant can seek to resist removal by arguing that their refused representations have good prospects of success if appealed to the Tribunal. So in such circumstances the judge would among other things consider mainly whether the appplicant’s case indeed entails some legal issues and is not just a mere hopeless attempt to resist removal in an inargualbe case. So where the judge orders removal and the removal is stopped, the rest of the case itself can be properly argued later on in the high court after removal has been stopped so that the full proper application for judicial review can be considered carefully within a matter of months or weeks. Where the judge orders that removal be stopped the judge himself can call the home office relevant out of office centre and order that the removal be prevented where the judge considers that time is of the essence. Absent the Judge’s call then the home office will only stop the removal where they have sight of a faxed paper Court order sent by either the court or legal representative or email from the Court itself. If the judge calls the home office to communicate his order or if there is proof of faxing of the order to the home office but the home office either ignore the order or miss it somehow through their negligence then the home office can be compelled to bring back at their own expense the person removed. So vanavezimbabwe vari mu UK note that campaigning is good so that the world can take note of what is going on and puts Zimbabweans in the UK on notice of what is happening however where the home office are intent on removing someone who they have set removal directions for and where the home office refuse to defer that removal on the basis of submitted representations against removal, then the ONLY way (apart from vigorously physically resisting removal whihc is not encouraged as one may be seriously injured) to stop that removal is by obtaining a Court order where the home office insists on seeing one. So this is free general advice for zimbabweans- this is not meant to be patronise but to share knowledge so that Zimbabweans can help themselves- usually detainees do not get this advice at all either because the legal representative is not experienced at all in injunction matters or detainees once detained only want to know whether or not that injunction can be applied for successfully. But vana vezimbabwe mese makadzidza kudarika verumwe rudzi sake zivai in advance some of the processes involved in advance of potential detention so that you can chose carefully a knowledgeable representative from one that is not in these kinds of matters. And also be carefull especially of some unethical legal representative who GAURANTEE you that they will stop a removal provided you give them money. Do not be taken advantage of in your time of need. There can be no such guarantee of stopping a removal to Zimbabwe or any other country as the high court judges who hear or see such paper applications differ in their decisions. Therefore it is very important to find out what the Judge said/wrote when he ordered that Ms Chari’s removal be stopped. It maybe that her particular activites made it a real possiblity that she would be persecuted on return such that a non-active returnee may not be able to resist removal. So the best outcome generaly out of all this is where Ms Chari’s solicitor obtains a very good barrister who may be albe to push forward an argument that removals to zimbabwe generally should not go ahead. It all depends on what that argument is. So where you find a representative ask him/her on what basis Ms Chari’s removal was stopped- if they dont know then find out who Ms Chari’s legal represneative is and go there for advice. Ms Chari’s solicitors are not allowed without her consent to divulge the real reaons give by the Judge for stopping her removal. But if a growing number of such cases come before the court, a Judgement maybe notifed publicly such that we may all know the real legal arguments. However any good legal represenative worth his/her salt should be able to find out very soon among colleagues what is really going on with Ms Chari’s case. As yet i do not know much about her case apart from what is in the media but where i do know i will share the info. Also do not go underground as sooner or later you will be found out- get a legal representative to submit some representations on your behalf ASAP – each case is different- those with british children but do not themselves have status should seek advice as there is good recent caselaw supporting their cases. Those whow have been here for a long time and have bene contributing somehow eg by engaging in community activities such as some volunteer work should seek advice. Those with children with no status but who have been here for several years may have something worthy of good argument.Those whose asylum claims failed several years ago and are inactive re political activites in the UK consider the above and think of seeking advice. So above all dont be scared and get caught off gaurd without any representations with the home office- this is because if an injunction is sought a high court judge will be able to see that representations were submitted at the last minute upon detention- and they dont like that and refuse injunctions on that basis. But choose legal representatives wisely. Removal to zimbabwe for some may indeed be a matter of life or death especially for those who are ill and may have no one to turn to for financial support in Zimbabwe so its no bad thing if one chooses to submit representations based on several relevant genuine matters seeking to resist removal. I wish you all potential applicants luck- Prayer helps too even in immigration matters!

  7. so please her case is so different with gamu’s case,, do not even compare.. this woman is a powerfull activist and she is in trenches fighting for freedom in zimbawe an idea opposed by all supporters of the regime above.. iwe zvibate BLA KIKI.. stupid.. you murder… i will not move by names, but if you are frustrated by this , i am so sure that you must be part of an alcaida net work of zimbabwe, you have blood in your hands , you blood silly. you rape and torture 3 months children you kick pregnant woman , where are you.. i f i happen to know that you are in diaspora , i will help to buy a ticket for your depotation to hague… you leader of the ku klux klan.. we will be coming to distroy your empire soon, stupido, you vimpire, you must learn to say facts not your language of attacking people dailly.. zimuboader gezi, mhavha yakadzidzira kuuraya vanhu. ..the idiota is you..
    let me tell you this by this video…
    http://www.youtube.com/wat​ch?v=3zUajxH_TyI

  8. i said to all those informers and blood silly c10,, you will pay one day.. eye for an eye.. yes her life is in danger if returned, because she was found protesting and she is an mdc chair,also you do not know why she claimed assylum. the fact that she made an impostor of mugabe, then there will be no excuse.. yes true the c10 kills .. see this article ..http://thezimbabweexilegovt.wordpress.com/2011/07/18/victims-of-political-genocide-in-2008-all-named/
    ” Victims of political genocide in 2008 all named
    18JUL
    Below is the first comprehensive list of MDC activists murdered during and after the bloody elections. This list was presented to the Attorney General, Johannes Tomana, last year. He has refused to order the police to investigate the murders.”

  9. MAKWEMBERE!! watii, inini chaiye kusapota ani! BLA BLA MIKI MOUSE,never never, wild horses will not make me? I was just pointing out to him that he does not debate but looks at who he likes or doesn’t because yekushaya dzidzo kwake.You should no that by now muzukuru. Newewe we sometimes agree to dsiagree but we discuss things in an intelligent way, pointing out where and why we don’t agree kwete mazidofo aya.So?

  10. Tete are you now supporting Bla Miki? You see what he does to you irrespective? Ndatsamwa shuwa, ah!

  11. Yes Tete, this Mthwakazi madman called Xolani is not very different from you, mese muri masasikamu

  12. BLA MIKI ndogaro kuudza kuti inini wakandidherera zvekuti–wona pamusoro apo XOLANI wako arikundituka nekuti ndati amai ava varikunyepa. Resiponda ka kwaari tione? Inini handina zvemafevha–chakanaka chakanaka mukaka haurungwe. So?

  13. Xolani pliz let us not exegerate. At the end of it all lies will come out and we will end up saving genuine murderers. People were once murdered in the Midlands and Mateleland in the 80s, there were kidnappings and other murders during the elections in 2008 after Zanupf lost the elections, yes, but to say that this Chari will face a death penalty by setting her foot on Zimbabwean soil Ah? I am a well known opponent of Zanu and I know many others. We are here in Zimbabwe. Yes there is no freedom but people dont just get shot at especially a Shona woman. Maybe she left the country after looting foolishly or did she go about foolishy insulting the President? Even though, she cant just be shot at. The struggle for democrasy is compromised a lot if people exegerate.Most people who are in the UK will not be asked by any one except their friends and relatives as to why or what they are doing and where they are in the U.K. They are just overseas enjoying themselves.

  14. Kuri kuda chirungu here kuzviti Martin da Williams bonga remunhu naiye mukadzi wako ari kurambira ku UK. Musana unenge wehachi unouraiwa naani ane basa nemboko yakadaro. Jairai kukwesha mikosho yechembere uko makanyarara.

  15. This story reminds me of that little girl called Gamu who claimed that she would face firing squad if she returned home.Chimuchembere ichi chaneta kuhuuraa claims she would face death sentence if she is deported,for what? People must not be that desperate,kufarira kusuka misana yetuchembere neku blamhiwa nekumanyuwa shuwa matinyadzisa vatengesi ve MDCTea.

  16. This TETE thing/animal just wont stop vomitting idiocy and foolery,
    Let Choyachatsva enjoy himself on you, nxaaaaa!

  17. Death penalty–my foot!!kurambira kunyika dzevamwe asi muchibatwa sembwa. So?

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