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You can find the current article at its original source at https://www.theguardian.com/uk-news/2017/sep/18/samim-bigzad-asylum-seeker-deported-illegally-to-afghanistan-is-returned-to-uk
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| Version 4 | Version 5 |
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| Asylum seeker thanks judges after return to UK from illegal deportation | Asylum seeker thanks judges after return to UK from illegal deportation |
| (4 months later) | |
| Samim Bigzad was flown back to Britain after Home Office ignored a high court judge’s order not to send him to Kabul | |
| Diane Taylor | |
| Mon 18 Sep 2017 20.54 BST | |
| First published on Mon 18 Sep 2017 13.49 BST | |
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| An asylum seeker has thanked judges for saving his life after the Home Office was ordered to bring him back from Afghanistan because he had been deported illegally. | An asylum seeker has thanked judges for saving his life after the Home Office was ordered to bring him back from Afghanistan because he had been deported illegally. |
| Samim Bigzad, 23, was returned to the UK on Sunday night after a legal battle during which judges said four times it was wrong to remove him from the country. | Samim Bigzad, 23, was returned to the UK on Sunday night after a legal battle during which judges said four times it was wrong to remove him from the country. |
| Bigzad’s solicitor said the Home Office first ignored an order made by a high court judge not to send him to Kabul. Once there, officials then tried to have set aside orders made by two more high court judges to bring him back and only complied with a final order. | Bigzad’s solicitor said the Home Office first ignored an order made by a high court judge not to send him to Kabul. Once there, officials then tried to have set aside orders made by two more high court judges to bring him back and only complied with a final order. |
| Jamie Bell, of the law firm Duncan Lewis, said the department’s actions were “unprecedented in scope and gravity”. | Jamie Bell, of the law firm Duncan Lewis, said the department’s actions were “unprecedented in scope and gravity”. |
| “The aim of the secretary of state was to have Samim remain in Kabul whilst his legal matter remains ongoing,” Bell said. “They said it was an urgent point of principle. After a four-hour hearing in which all issues were thoroughly examined, Lord Justice Floyd once more reaffirmed that Samim should be returned to the United Kingdom.” | “The aim of the secretary of state was to have Samim remain in Kabul whilst his legal matter remains ongoing,” Bell said. “They said it was an urgent point of principle. After a four-hour hearing in which all issues were thoroughly examined, Lord Justice Floyd once more reaffirmed that Samim should be returned to the United Kingdom.” |
| Bigzad said that after a terrifying few days where he was holed up in a hotel in Kabul and warned not to leave his room – as doing so might endanger his life – he could not quite believe that he was now back in the UK. | Bigzad said that after a terrifying few days where he was holed up in a hotel in Kabul and warned not to leave his room – as doing so might endanger his life – he could not quite believe that he was now back in the UK. |
| In his first interview since arriving back, Bigzad told the Guardian: “Most of all I want to thank the judges. They saved my life. If I had been forced to stay in Afghanistan I believe I would have been killed by the Taliban.” | In his first interview since arriving back, Bigzad told the Guardian: “Most of all I want to thank the judges. They saved my life. If I had been forced to stay in Afghanistan I believe I would have been killed by the Taliban.” |
| He added: “I was terrified for my life all the time I was in Kabul. It was wonderful to step back on British soil. Officials sent a bulletproof car to take me from the hotel to the airbase yesterday. If they don’t think my life is in danger in Afghanistan, why did they tell me not to leave my hotel room and why did they transport me in a bulletproof car?” | He added: “I was terrified for my life all the time I was in Kabul. It was wonderful to step back on British soil. Officials sent a bulletproof car to take me from the hotel to the airbase yesterday. If they don’t think my life is in danger in Afghanistan, why did they tell me not to leave my hotel room and why did they transport me in a bulletproof car?” |
| Bigzad said he had sought asylum in the UK because he said the Taliban had threatened to behead him as a result of his work for a construction company with links to US companies and the Afghan government. | Bigzad said he had sought asylum in the UK because he said the Taliban had threatened to behead him as a result of his work for a construction company with links to US companies and the Afghan government. |
| When the Home Office tried to remove him last week, his lawyers challenged the decision in the courts. Bigzad had already arrived in Istanbul, en route to Afghanistan, when a high court judge ruled that he could not be removed while legal proceedings were ongoing. | When the Home Office tried to remove him last week, his lawyers challenged the decision in the courts. Bigzad had already arrived in Istanbul, en route to Afghanistan, when a high court judge ruled that he could not be removed while legal proceedings were ongoing. |
| But instead of flying him back to the UK after the order was issued, the Home Office decided he should continue on his journey to Afghanistan. Three further legal challenges ensued, the final one in an emergency, out-of-hours hearing at the court of appeal on Saturday afternoon, where the Home Office tried to get the orders made by high court judges set aside. Again they failed and Bigzad was finally brought back to the UK on Sunday night. | But instead of flying him back to the UK after the order was issued, the Home Office decided he should continue on his journey to Afghanistan. Three further legal challenges ensued, the final one in an emergency, out-of-hours hearing at the court of appeal on Saturday afternoon, where the Home Office tried to get the orders made by high court judges set aside. Again they failed and Bigzad was finally brought back to the UK on Sunday night. |
| During the legal battle, the second judge who heard the case, Mr Justice Jay, described the home secretary’s breach of the first court order as “prima facie contempt of court”. | During the legal battle, the second judge who heard the case, Mr Justice Jay, described the home secretary’s breach of the first court order as “prima facie contempt of court”. |
| In a witness statement in the court proceedings a Home Office official, Martin Waspe, expressed concern about delaying the flight from Istanbul to Kabul and so decided to leave Bigzad on the flight despite the court order. | In a witness statement in the court proceedings a Home Office official, Martin Waspe, expressed concern about delaying the flight from Istanbul to Kabul and so decided to leave Bigzad on the flight despite the court order. |
| Waspe said in his witness statement: “Given that the flight was departing imminently and could cause a major operational issue for the airline, I said I would immediately investigate, I asked him to defer removal of Mr Bigzad from the flight until I could make suitable contacts to provide support. I was also aware that Mr Bigzad had checked-in baggage – in my experience this would cause significant delay to the aircraft.” | Waspe said in his witness statement: “Given that the flight was departing imminently and could cause a major operational issue for the airline, I said I would immediately investigate, I asked him to defer removal of Mr Bigzad from the flight until I could make suitable contacts to provide support. I was also aware that Mr Bigzad had checked-in baggage – in my experience this would cause significant delay to the aircraft.” |
| Bigzad’s father, for whom he is the main carer, has lived in Margate for 10 years and suffers from post-traumatic stress disorder (PTSD). Bigzad has been staying with Kavel Rafferty in Ramsgate, a host who works with the charity Refugees At Home to offer shelter to asylum seekers and refugees. | Bigzad’s father, for whom he is the main carer, has lived in Margate for 10 years and suffers from post-traumatic stress disorder (PTSD). Bigzad has been staying with Kavel Rafferty in Ramsgate, a host who works with the charity Refugees At Home to offer shelter to asylum seekers and refugees. |
| “I’m overjoyed that Samim is back with me. I don’t understand everything about immigration law but I do know how I feel as a human being wanting to help another human being in distress,” Rafferty said. | “I’m overjoyed that Samim is back with me. I don’t understand everything about immigration law but I do know how I feel as a human being wanting to help another human being in distress,” Rafferty said. |
| A Home Office spokeswoman said: “Mr Bigzad’s asylum claim was carefully considered on its individual merits against background country information and was refused in March 2016. Having exhausted his appeal rights, the courts concluded that he had no right to remain in the UK and he was removed to Afghanistan on Tuesday 12 September. | A Home Office spokeswoman said: “Mr Bigzad’s asylum claim was carefully considered on its individual merits against background country information and was refused in March 2016. Having exhausted his appeal rights, the courts concluded that he had no right to remain in the UK and he was removed to Afghanistan on Tuesday 12 September. |
| “We took action to comply with the court order and worked to return Mr Bigzad as soon as possible despite significant logistical challenges in securing the necessary documentation and limited flight availability.” | “We took action to comply with the court order and worked to return Mr Bigzad as soon as possible despite significant logistical challenges in securing the necessary documentation and limited flight availability.” |
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