Calling on individuals, political parties, church and community
groups, trade unions, solidarity activists and students to

COME AND DEMONSTRATE ON
FRIDAY 13 JULY 2007

LONDON
Parliament Square
(Nearest tube station: Westminster)
From 12 midday to 3pm

MANCHESTER
From 12 midday to 3pm
Starting from: The Orbis Centre, nr Victoria Station at 12 midday
March to Peace Gardens for rally at 12.30
Onwards from there to the Immigration Appeals Tribunal

Information about other demonstrations around the UK to follow.

Protest about the lack of justice for Congolese asylum
seekers, about the continuing attempts to remove and deport
DRC asylum seekers and refugees and in particular about the
UK-DRC conspiracy to return 4,000 Congolese to a regime
of torture and persecution.

Come with whistles, flags, placards and banners.
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Potential legal challenges to removals to DR Congo
On the 24th May 2007 Mr Justice Walker ordered that the case of Ndenga Lukombo (High Court Ref : CO/8351/2006) be re-listed until after the Asylum and Immigration Tribunal gives its decision in the country guidance case BK (Appeal Number AA/04958/2006) and that Mr Lukombo shall not be removed from the UK while his case is pending. A copy of the court order is attached.

A similar approach has been taken on a number of other high court cases within the last few months.

The country guidance case BK has now been adjourned, part heard, until the 17th September 2007. A decision is not thought likely to be given until a couple of months later.

If any DR Congo refused asylum seekers are asked to leave the UK or detained and given removal directions prior to the decision in the BK case, they should seek legal advice to see if they may be able to make a similar challenge to that made by Mr Lukombo.

The Home Office, Treasury solicitors and Asylum and Immigration Tribunal have been given extensive evidence for the BK case, including new leading expert reports, which many feel demonstrates a real risk of torture if refused asylum seekers are returned to DR Congo. It is felt that this new evidence should not be dismissed by simply referring to any current country guidance case as the evidence in the BK case is strong and post dates that of the standard evidence normally put forward by the Home Office.

A number of solicitors have said to NCADC that if the information in the BK case were to be put forward in any future cases where a refused asylum seeker faces removal to the DR Congo, then, depending on the facts of the individual case, according to the immigration rules it might have to be recognised as a fresh claim on the basis that it is material evidence that post dates the present country guidance case and considered as a whole stands a reasonable prospect of success.

The greatest indication that the current standard evidence put forward by the Home Office in their county report and existing Country Guidance cases is dangerously in need of review might be said to be the fact that the Asylum and immigration Tribunal themselves have decided to assess this new evidence and provide a new country guidance on the issue of whether refused asylum seekers are removed to the DR Congo.

If any DR Congo refused asylum seekers are given removal directions, it might be possible for each individual case to be challenged by way of further representations to the Home Office on the basis of the BK case and the evidence which the Home Office is in possession of. It may be possible to legally challenge any rejection by the Home Office of any such further representations by way of judicial review and injunction as the evidence in the BK case is thought to pass the fresh claim test.
If any DR Congo refused asylum seekers are detained and given removal directions, we suggest they seek legal advice immediately.



Source for this Message:
Ndenga Lukombo
Congo Support Project Manchester