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A prominent Scottish judge found the Home Office guilty of making a grave mistake in illegally returning an Ethiopian asylum seeker fleeing the persecution and rendered a "revolutionary" decision that he was "out of control". he had to send him back to the UK to continue his business.
Solomon Getenet Yitbarek fled the Ethiopian brutal regime five years ago and has an ongoing asylum claim in the United Kingdom. However, in a case described as "shocking" even for veteran asylum lawyers who attended him, he was detained during a routine meeting with the Home Office and deported to Ethiopia, where he was feared for his life.
He claims that he was mistreated en route, with excessive pressure applied to the handcuffs to keep him quiet, and once in Ethiopia – where his father and brother were imprisoned, tortured and later died because of their opposition to the regime in place – was forced to flee to Sudan illegally, to avoid capture.
Meanwhile, her lawyer, Latta Law's Lia Devine – working with attorney Alan Caskie – brought the case to the Court of Sitting, where Judge Lord Colin Tire ordered the Ministry of Justice. 39 Interior to issue to Yitbarek new travel documents. in the United Kingdom at his own expense. He returned earlier this month, was reunited with his pregnant girlfriend and continues his asylum application.
Describing the decision as "revolutionary" Devine said: "We knew we had strong arguments as to what had happened, but we never knew if we could ever get an order for his This does not happen often, we are all delighted with the result. "
Stuart McDonald, SNP spokesperson on Immigration, Asylum and Border Control, said that the latest in a long series of irresponsible decisions taken by the Home Office meant that #################################################################################### It was now necessary to "consider whether the Home Office should at least be stripped of its role in the decision on asylum applications".
He added: "The Interior Ministry continues to act as a law in itself – not only to enforce the terrible policies and rules of the Conservative government, but too often to go further. and behave in an even more outrageous way: From Windrush to illegal detentions, a combination of insufficient resources and bad decisions means that the Home Office is too often wrong. "
Celia Clarke, director of the Bail for Immigration Detainees (BID) campaign group, said the wrongful return was sometimes unchallenged. DIS surveys show that only half of the people in detention centers have legal representation. She said: "The detention is intended to be used as a last resort, but in practice we find that it is used as a first resort."
A Home Office spokesman confirmed that Yitbarek had been "mistakenly removed". "As soon as the court decision was received, arrangements were made to send him back to the UK to have his case dealt with," she added.
Solomon Getnet Yitbarek, an Ethiopian, now 27, fled to Sudan with his mother and brother after his father was arrested by the Ethiopian authorities for his political activities. It was too dangerous to return to their country, but life here was difficult too. Five years ago, he met a British Ethiopian woman at the church and the two got married and came to the UK, where they settled in London. He worked, studied, and was safe.
But the relationship collapsed after three years, when his brother was also arrested and detained in Ethiopia. "The same problem was the policy for which my father had also been arrested," he says. Fearing for his future, Yitbaret, who also campaigned for Ginbot 7 – a peaceful Ethiopian opposition political organization whose members were targeted and detained by the Ethiopian government – sought advice and demanded asylum. However, his case was denied. The Home Office said that he did not believe it.
He was detained for reasons of immigration and moved to several detention centers before ending up in Dungavel in March of this year, where he had to find a new lawyer and was put in contact with Lia Devine of Latta Law. She believed that there were reasons to reapply for asylum, and after that, she applied for bail.
But in the space of a few weeks, during a routine appointment, he was again arrested at the Ministry of the Interior, this time detained in a police station during nearly 48 hours before being taken to the Morton Hall Detention Center. "I told them I had an exceptional case," he says. "But they said that they had been ordered to detain me, they took all my stuff, including my phone, searched me and put me in the cells. " I was very scared of what was going to happen next. was sent back to Ethiopia. "
Once he was taken to a detention center, Devine, shocked, the following Tuesday – the first available date – rebadured Yitbarek that his active asylum application meant that he could not be deported and left the office for the United Kingdom. weekend. But to his horror, he was then transferred to IRC Heathrow and after a brief meeting on Sunday – while he was unable to contact his lawyer – he was told that he would be sent back to Ethiopia.
"I told them I had an exceptional case, but they did not listen.They put me on a belt with handcuffs and I was taken away in a Pickup truck straight into the plane and put in the back while everyone was boarding it was horrible.I was crying and I said "help me please" but no one was doing anything. The keeper told me that if you did not behave, I would tell them you were with Ginbot 7. I was very scared, and then he started shaking his handcuffs – that made me so badly that I shouted.He told me that if I did not shut up, he would keep squeezing them.I felt that I had no choice.I've had marks after. "
Once there, he was taken to an office inside the airport where they handed his pbadport to the Ethiopian official. He was told to follow him, but when he saw him approaching three police officers, he became frightened and ran. He first hid with another party supporter, but after learning that his brother had also been tortured in detention and that he had died after his release, he was escaped by making a dangerous and illegal border towards Sudan. Court sitting in Edinburgh and phoned him with life-changing news.
"When she told me that the Ministry of the Interior had been ordered to surrender [to the UK] I was so shocked," says Yitbaret, "I felt Now, I was just like "wow!". I was so shocked and so happy, all those mixed feelings after all that had happened. "
Travel from Khartoum, the capital of Sudan, where he returned to Heathrow to find his girlfriend now pregnant. "It was just like a dream," he said. "Now I want to be safe, have my case considered and have a normal life in the UK."
End
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