PRESS RELEASE For immediate release Wednesday 30th November 2016 18.00 hrs DIANNE NGOZA'S UNLAWFUL REMOVAL FROM UK STOPPED Solicitor lodges judicial review proceedings to prevent further attempts to remove her Dianne Ngoza was not unlawfully removed from the UK today. And, this afternoon, her solicitor Mervyn Cross lodged judicial review proceedings to prevent any further attempts to remove her. This morning, Manchester Central MP Lucy Powell was told that the Immigration Minister Robert Goodwill would cancel the removal instructions so Dianne's case could be considered. But the Home Office failed to communicate this to Dianne or her solicitor It left Mr Cross with no option other than to lodge judicial review proceedings to challenge Dianne's removal from the UK while she had an application with the Home Office pending. Otherwise there would have been nothing to prevent the Home Office from making further attempts to remove her from the UK. Mr Cross said: “It was not our intention to lodge litigation but it has been almost a week now that we have been trying to communicate with the Home Office, simply to confirm that they would stop Dianne's flight because she had a valid application pending. “However, they failed to respond, not just to our communication but in their statutory obligation to respond when we notified them of our intention to lodge court proceedings. At the eleventh hour, we have now issued judicial review proceedings which prevent the Home Office from removing her. In our opinion, this is a waste of public funds: all they needed to do was simply communicate with us. “We will now be asking for Dianne's immediate release from detention and, if that is not forthcoming, there is a bail application listed for the 6th December when we will be asking a judge for her immediate release." Speaking from Yarl's Wood, Dianne said: “It's been the longest day for me since I came to England. I am overwhelmed with what has happened today. At least I can breathe for a moment until the fight is over. I want to be at home and I need a decent meal.” RAPAR would like to thank Dianne's supporters throughout Greater Manchester, the UK and Europe for the emails they have sent to the Immigration Minister, the Home Secretary and Kenya Airways about the unlawful attempt to remove Dianne from the UK. One of the people who contacted Kenya Airways, 24 year old Remi Graves, of Ladbrooke Grove, London, said: "My grandmother was a nurse from Ghana who came to live and work in UK in the mid fifties and it sickens me to think how our family might have been ripped apart by similar reprehensible actions from our UK Government." Thanks also to Lucy Powell for raising the case directly with the Immigration Minister and other Members of Parliament who offered their support to Lucy Powell. Dr Rhetta Moran, of RAPAR, said: "Through sustained, detailed and collective action Dianne, and the very many organisations and individuals who have come together to challenge this unlawful act by the Home Office, have succeeded in stopping the State from forcing this woman onto a plane and deporting her to Zambia today. “Our struggle continues unabated until, firstly, Dianne is released from detention in Yarl's Wood and reunited with her family and friends in Manchester and Lancashire and, secondly, her right to live and work safely her in the UK is secured. “To date, in this case, the actions of the Home Office, in their entirety, have been simply appalling. When the State makes laws and rules, and then itself attempts to break those laws and transgress those rules, there is no reason for any of us, the people from the UK and the people who have come here as refugees or migrants, to believe that we are safe in their hands. Dianne is safe today because people have taken clear collective action." For more information, contact RAPAR Press Officer Kath Grant on 07758386208 or Dr Rhetta Moran, of RAPAR, on 07776264646 For immediate release Wednesday 30th November 2016 13.00hrs RAPAR RECEIVES LETTER TODAY SAYING HOME OFFICE IS STILL CONSIDERING DIANNE NGOZA'S CASE THE LETTER DATED NOVEMBER 25th ARRIVED ON THE DAY SHE IS SCHEDULED FOR UNLAWFUL REMOVAL Manchester MP Lucy Powell's office told by Minister removal has been postponed – but plans for judicial review proceedings will go ahead until Dianne's solicitor has been officially informed Dianne herself is still expecting today's removal to go ahead because she has not been told otherwise In Yarl's Wood, Dianne is waiting to see a medical officer as symptoms caused by inadequate diet may be anaemia This morning, RAPAR received a letter from the Home Office in Sheffield admitting that Dianne's case is still being considered - which means that the attempt to remove her from the UK today is unlawful. The letter was dated 25th November (last Friday) so we are asking why the removal directions were not cancelled at that point and Dianne released from detention? Manchester Central MP Lucy Powell's office has been told this morning that the Immigration Minister is cancelling removal directions until Dianne's case is considered. However, Dianne's legal representative has not been officially informed and will go ahead with judicial review proceedings. The letter from the Home Office in Sheffield dated November 25th and received at the RAPAR office this morning states that Dianne's application “raises issues relating to the European Convention on Human Rights which are complex in nature” and adds “As such, it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible.” In Yarl's Wood, Dianne has repeatedly asked to see a doctor. Her inadequate diet in the detention centre has led to symptoms which may be related to anaemia. She said this morning: “Last night I was feeling very weak and experiencing tinnitus. I almost blacked out when I got up to get some water. I think these may be symptoms of anaemia. I went to the health care service at 9am and asked to see a doctor who could issue a Rule 35 report. The SERCO guard at the health care reception, Rob Arthur, told me 'Come back at 15.40 when a person is going to see you who is qualified to do a Rule 35'.” A Rule 35 report gives medical advice on whether a person is fit enough, mentally and physically, to be kept in detention. RAPAR does not understand why Dianne remains in detention with the threat of removal from the UK at 5.25pm today hanging over her when the Home Office letter of November 25th says her case is complex and is still being considered. The treatment of Dianne, from the detention at Dallas Court on November 16th until today, has been inhumane and a breach of her legal and human rights. In the last 24 hours Kenya Airways has been deluged with emails from across the UK - and some from Europe - telling the airline the deportation is unlawful and they should not carry Dianne. Supporters have also been phoning the airline. For more information, contact RAPAR Press Officer Kath Grant on 07758386208 or Dr Rhetta Moran, of RAPAR, on 07776264646 | |
Immigration Minister fails to respond to MP Lucy Powell's concerns about Dianne – the MP will now seek a meeting with him before tomorrow. She says Dianne's case is "particularly harsh" and "is not showing our country in its best light"
The Home Office has also failed to respond to Dianne's solicitor who is now preparing to lodge judicial review proceedings
Her solicitor is becoming increasingly concerned about Dianne's weight loss due to the lack of a proper diet in Yarl's Wood - but the detention centre has denied her access to a medical practitioner
Thousands of supporters have written letters and signed a 38 Degrees petition on her behalf and are now lobbying Kenya Airways asking them not to fly Dianne out of the UK
The Home Office is still attempting to unlawfully remove Manchester nurse and human rights campaigner Dianne Ngoza from the UK. She is booked on a Kenya Airways flight from Heathrow tomorrow at 5.25pm.
Immigration Minister Robert Goodwill has received hundreds of emails from Dianne's supporters – including one sent with signed permission from Dianne for the Home Office to share information with that person. There has been no response.
The Home Office has been unable to explain to Dianne, her MP, her solicitor or her many supporters why they are attempting to unlawfully remove her, via Kenya to Zambia. She does not have a Zambian passport and fresh evidence in her human rights application for leave to remain in the UK has still to be considered.
The Minister has also failed to respond to MP Lucy Powell's concerns about Dianne – despite repeated requests from the Manchester Central MP's office. Lucy Powell has now asked to speak directly with the Minister before any removal directions take place.
She said: “I am very concerned about Dianne's case and have written to the Minister to ask for his personal intervention.
“I am very concerned that the decision was taken not to allow Dianne to submit an appeal from within the UK and then that it was decided to detain and remove her.
“To be immediately detained and not allowed to appeal the decision is a measure usually only reserved for terrorists or people putting the public at risk so for a lady in her position whose health is now suffering it is particularly harsh.
'This case is not showing our country in its best light.
“The decision to refuse to allow Dianne to make an appeal in country is an exceptionally harsh and unfair decision which I cannot understand. I think that this case warrants the personal intervention of the Minister to allow Dianne to be released and to make an appeal so that all of the facts in her case can be independently considered.
“Given that the current removal directions are still in place, I am concerned that the reply to my representations will be sent too late for me to raise any further issues and as a result I have requested to speak directly with the minister before any removal directions take place.”
Dianne's solicitor Mervyn Cross, of Duncan Lewis, sent a letter before action to the Home Office giving them a deadline of 10am yesterday (Monday) to respond. He has received nothing from them and will now lodge judicial review proceedings.
Mr Cross and Dianne's many friends and supporters have become increasingly worried about her weight loss and lack of a proper vegan diet in Yarl's Wood. The detention centre has also refused to allow her essential moisturiser for her skin. Mr Cross advised Dianne to attend the detention health care centre and request a Rule 35 report. This report is conducted by a medical practitioner who advises the Home Office on whether a person's mental and physical health would be severely affected by detention.
Mr Cross has been informed that the detention centre has refused to allow this. “The refusal to conduct the Rule 35 is a clear breach of the detention policy,” he said. “We have advised Dianne to complain to a GP about her weight loss and poor diet. However we understand that the GP only comes in on Saturdays.”
In the two weeks Dianne has been in Yarl's Wood, her rights have been consistently violated.
The Home Office are denying her the right to due process. She submitted fresh evidence in her case before she was detained and this must be considered before she is removed from the UK. The Home Office is also attempting to remove her without a Zambian passport.
She has been denied the right to proper food and essential moisturiser for her skin. She was only given her own clothes and clothes her friends took in for her yesterday (Monday). Instead she was left wearing clothes which were several sizes too big for her.
She is now being denied the right to see a medical practitioner so a Rule 35 report can be conducted. This is despite her loss of weight and increasing concerns for her health.
Dianne came to this country on a work permit in 2002 and has worked with a large number of church groups, refugee and community organisations, and trade unionists in Manchester. She is widely known and very well liked and respected. Her supporters have been shocked by her treatment and the fact that their very real concerns about Dianne are being ignored.
For more information, contact RAPAR Press Officer Kath Grant on 07758386208 or Dr Rhetta Moran, of RAPAR, on 07776264646
STOP THE UNLAWFUL REMOVAL OF DIANNE NGOZA ON WEDNESDAY, NOVEMBER 30th
PHONE, EMAIL AND FAX KENYA AIRWAYS AND TELL THEM THAT DIANNE MUST NOT BE FORCED ONTO ONE OF THEIR PLANES
Friends and campaigners from all over the country have sent letters of support for Dianne to the Immigration Minister Robert Goodwill asking him to stop her unlawful removal from the UK.
Letters have also gone to Members of Parliament including Dianne's own MP Lucy Powell (Manchester Central).
Despite this, Dianne remains detained in Yarl's Wood and is due to be forcibly removed on a flight to Kenya from Heathrow Airport at 5.25pm on Wednesday, November 30th.
We are asking supporters to send as many emails and faxes as possible to Kenya Airways in the 24 hours before the date and time set by the Home Office for Dianne's removal. You can also phone the airline.
Emails, faxes and phone calls should point out that Dianne is being forcibly and unlawfully removed. She has a pending human rights application for leave to remain in the UK. The Home Office is obliged to consider all the evidence in her case before making any attempt to remove her from this country.
Dianne does not have a passport for either Kenya or Zambia. Please make this clear in your email to Kenya Airways.
Dianne has been booked on Kenya Airways Flight KQ1012 which leaves at 5.25pm from Heathrow to Nairobi on Wednesday 30th November. She is then booked on a connecting flight KQ5862 from Kenya to Ndola in Zambia.
EMAIL/PHONE/FAX KENYA AIRWAYS FROM TOMORROW NOON (TUESDAY, 29th NOVEMBER) AND ALL DAY ON WEDNESDAY 30th NOVEMBER TO SAY THAT DIANNE MUST NOT LEAVE THE UK. THE MORE EMAILS, PHONE CALLS AND FAXES THEY RECEIVE IN THE DAY LEADING UP TO THE FLIGHT THE BETTER. THIS KIND OF ACTION HAS WORKED IN THE PAST. PLEASE TRY TO FIND SOME TIME TO HELP KEEP DIANNE WITH HER DAUGHTER AND ALL THEIR FRIENDS IN THE UK.
Email Mbuvi Ngunze, Group Managing Director and Chief Executive of Kenya Airways, [email protected]
and tell him why Dianne must not fly. You can use this model letter here
Other details for Kenya Airways:
Kenya Airways London - Main Office
World Business Centre 1 Third Floor
1208 Newall Road
Heathrow Airport
Hounslow
Middlesex
TW6 2RE
Tel : +44 20 82831800
Email: [email protected]
Fax: +44 020 8283 1880
Airport Office
Room 2543, Mezzanine Floor,
Terminal 4 Heathrow Airport
Mddx TW6 3YD
Tel (Emergencies only): +44 020 8759 7366
Fax: +44 020 8745 5027
You can also continue to write to the Immigration Minister Robert Goodwill and the Home Secretary Amber Rudd but please give priority to contacting Kenya Airlines.
MANY THANKS FOR YOUR CONTINUED SUPPORT - PLEASE TAKE ACTION NOW
CLICK HERE FOR THE MODEL LETTER TO KENYA AIRWAYS