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Torture survivors win asylum seeker detention ruling | Torture survivors win asylum seeker detention ruling |
(35 minutes later) | |
Survivors of torture have won a legal challenge against Home Office rules on asylum seeker detention in the UK. | Survivors of torture have won a legal challenge against Home Office rules on asylum seeker detention in the UK. |
The government had argued torture could only be carried out by official state agents or terror groups with territory. | The government had argued torture could only be carried out by official state agents or terror groups with territory. |
But the charity Medical Justice and former immigration centre detainees argued this legal definition was too narrow. | But the charity Medical Justice and former immigration centre detainees argued this legal definition was too narrow. |
The Home Office has said it will not appeal against the ruling, which could affect hundreds of cases. | The Home Office has said it will not appeal against the ruling, which could affect hundreds of cases. |
The ruling followed accusations that individuals were locked up during the processing of their asylum claims, despite doctors submitting evidence of torture and ill-treatment to the Home Office. | The ruling followed accusations that individuals were locked up during the processing of their asylum claims, despite doctors submitting evidence of torture and ill-treatment to the Home Office. |
Mr Justice Ouseley ruled that Home Office policy on torture survivors "lacked a rational or evidence basis". | Mr Justice Ouseley ruled that Home Office policy on torture survivors "lacked a rational or evidence basis". |
Two-tier system 'leaves refugees destitute' | Two-tier system 'leaves refugees destitute' |
'Turn a blind eye' | |
The legal challenge argued that the new definition - which was made last September and has been on hold pending the judge's ruling - had led to "many" detainees, including victims of trafficking, no longer being recognised as victims of torture. | The legal challenge argued that the new definition - which was made last September and has been on hold pending the judge's ruling - had led to "many" detainees, including victims of trafficking, no longer being recognised as victims of torture. |
Seven people who had sought sanctuary in Britain after being raped, abused or trafficked were among those detained under the new policy because they were not classed as torture victims. | |
But the High Court said the Home Office had acted unlawfully, because the new rules excluded people who were vulnerable to harm in detention. | |
Mr Po, one of the former detainees who was part of the legal challenge, welcomed the decision. | |
He said: "The policy allowed the Home Office to turn a blind eye to my suffering and the suffering of hundreds of other torture survivors. | |
"Although I welcome the decision, it is still upsetting that the Home Office, who should protect people like me, rejected me and put me in detention which reminded me of the ordeal I suffered in my country of origin." |