Judge highlights UKBA's disregard for children's welfare
Judge highlights UKBA's disregard for children's welfare
Last week a High Court Judge ruled that the three-week detention of a family of asylum seekers was unlawful and amounted to a breach of their human rights, reported The Sentinel.
Mr Nukagem, his wife and three young children were detained in Yarl’s Wood on the 5th November 2008 following a deportation order. They were expected to be held for five days – which would give authorities the chance to administer one to two days of a pre-dosage of anti-malarial drugs to the children.
However, it subsequently emerged that the UK Border Agency had been given the wrong information about the anti-malarial drug Mefloquine, which actually required three weeks of pre-dosage.
The family were released on bail 21 days later.
Judge David Elvin told the court: “While this form of delay and procedural ineptitude is all too frequent in this area of the law, and may be understandable up to a point – although not necessarily excusable – it is a particular cause for concern and criticism in circumstances which involve the detention of young children.”
He continued by saying, "Indeed, the handling of this case as a whole, both prior to and following the bringing of judicial review, fails in several respects to meet the requirements of both the public interest in an efficient immigration system and the protection of individual rights."
Judge Elvin concluded that the detention had been a violation of the family’s human rights and they should be compensated accordingly.
The Testimony Project believes that the welfare of children asylum seekers and their families should be prioritised by the UK Border Agency at all stages of the asylum process.