Instead of being protected, the Saleh family’s ordeal continued in the UK

In the early hours on 18 October, Fariman Saleh and her family were taken from their home in Cardiff by UKBA.  The dawn raid was filmed by a supporter of the family – it is very distressing to watch.

Background
WSSAG Wales, one of the many groups supporting the family, provided this information on the background of their case:

Mrs Saleh, an Egyptian national, applied for asylum in the UK after escaping an abusive and cruel husband whose acts endangered her and her children’s lives for over 15 years to the extent of death and rape. The Egyptian authorities ignored this domestic abuse as her husband has close links with police, judges and other officials. The entire family is under serious threat of honour-based violence and possibly even death if deported back to Egypt. Simply setting foot in Egypt again leads the family to fear for their lives seeing as they could not ask for protection from the authorities, knowing that they have close ties with her husband. The family believes if they are removed to Egypt they would be forced into hiding.

Upon arrival to the UK, out of extreme concern for her youngest daughter who was still in Egypt, Mrs. Saleh told the authorities that she was from Iraq. Fearing the Egyptian government would be contacted once they discovered Mrs. Saleh had sought asylum, she chose to wait until after her 13 year old little girl safely made it to the UK before correcting the inaccurate information she had previously provided to the UKBA. Mrs. Saleh did not know that her doing this would later be used against her. From the UKBA’s cold perspective, Mrs. Saleh’s credibility had been critically jeopardised — subsequently used as justification for her and her children’s asylum refusal.

The family submitted many pieces of evidence to back up their case, however the previous legal representatives had not translated them through a certified translator, so they were disregarded by the UKBA. These documents were withheld when the current solicitor used the data protection act to ask for a copy of all the paperwork (SAR) that they hold on file for Mrs Saleh’s case. The UKBA in fact only sent part of the requested SAR, and to date have not sent the rest.

Airline campaigning
The campaign was already well-known in the local area, and nationally as an anonymous campaign supported by NCADC.  Campaign actions were launched immediately, and the phonelines of both the family’s MP and Egypt Air (scheduled to carry out the removal) were overwhelmed.

A technical issue meant that the family were not checked-in to the flight, and Egypt Air later sent a message on Twitter showing just how effective the immediate airline campaigning (in the short term) had been:

This YouTube video shows a campaigner calling Egypt Air.  The airline’s response is a common one – that they do not have the right to refuse to carry an individual on a flight.  In fact, the Civil Aviation Act 1982 suggests differently:

Section 94
(1) The section is effective for the purposes of any proceedings in any court in the UK
(2) If the commander of an aircraft in flight can use any necessary means to protect the aircraft or persons or property on board if they have reasonable grounds for believing there is a danger.
(3) Other members of crew are able to take any measures which are immediately necessary for the same reasons.
(4)….
(5) The commander of an aircraft –
(a)    if in the case of any person on board the aircraft he has reasonable grounds –
(i)to believe [that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise (I) the safety of the aircraft or of persons or property on board the aircraft, or (ii) good order and discipline on board the aircraft] and
(ii)to believe that it is necessary to do so in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft,
may disembark that person in any country in which that aircraft may be.

–

Whilst it was a technical issue that meant the Saleh family did not board the flight on the evening of 18 October, it is very unlikely that Egypt Air would have carried them on a subsequent flight given their Twitter statement above.  They realised all too clearly how much involvement in this injustice would affect the reputation of the company.

For guidance on how to carry out last-minute airline campaigning, see our Campaigning Toolkit section here.

The Saleh family campaign showed just how quickly and effectively local supporters can galvanise a campaign.  Sadly, the outcome of the case shows how determined UKBA were to carry out the removal, irrespective of the human lives involved, and how charter flights are used to this end.

The ordeal continued

The family were taken to Cedars ‘pre-departure accommodation’ overnight.  The LGBT Excellence Centre have written of the terrible circumstances that followed:

Mrs Saleh was found yesterday by her son after having slit her wrist in the detention centre where she had been awaiting the chartered flight that had been booked to fly her and her two children back to Egypt. On the wall, Fariman had written in her own blood: “I only wanted to save my children”. An act of desperation to call upon the authorities to reflect on the gravity and impact of their actions.

After finding Fariman, the solicitors representing the family made an application to the Royal Court of Justice for an injunction preventing the UKBA from removing the family from the UK and Judge Eady granted the out-of-hours injunction. Family members were informed accordingly by the solicitors acting on their behalf that they were not going to be removed. Some 30 minutes later, the same solicitors received a telephone call from Judge Eady who informed them that he had reconsidered his decision after being contacted by the UKBA and informed that they had paid £60,000  to charter a private plane to remove the family back to Egypt. Further challenges were made by those instructed, which included informing the Judge that he had relied on information that factually incorrect at best or deliberately misleading by the UKBA. The judge upon reconsideration came down on the side of the government and refused to reinstate the injunction. As we go to press, solicitors acting for the family are now making an urgent application to the court of appeal.

After finding Fariman, the solicitors representing the family made an application to the Royal Court of Justice for an injunction preventing the UKBA from removing the family from the UK and Judge Eady granted the out-of-hours injunction. Family members were informed accordingly by the solicitors acting on their behalf that they were not going to be removed. Some 30 minutes later, the same solicitors received a telephone call from Judge Eady who informed them that he had reconsidered his decision after being contacted by the UKBA and informed that they had paid £60,000  to charter a private plane to remove the family back to Egypt. Further challenges were made by those instructed, which included informing the Judge that he had relied on information that factually incorrect at best or deliberately misleading by the UKBA. The judge upon reconsideration came down on the side of the government and refused to reinstate the injunction. As we go to press, solicitors acting for the family are now making an urgent application to the court of appeal.

Despite a protest at the centre (read more about the protest here), the family were then removed on a specially chartered private flight. The timing of the issuing of removal directions (particularly for a charter flight, which normally requires a notice period of five working days) calls into question the lawfulness of the flight.

To find out more about the legal background to enforced removals and deportation, see Section Two of our toolkit.  Charter flights are used by the government to remove/deport people in secret.  They do not reveal the airport the flight will depart from, or the company that will operate the flight. They often go in the dead of night, as with the almost fortnightly deportation charter flights to Afghanistan.  The shadiness of charter flights means airline campaigning is not possible in individual campaigns – but questioning the legality and morality of the practice of using charter flights is essential.

The family’s legal case and public interest in this shocking story continues.  On Saturday in Cardiff there was a peaceful protest to raise awareness of the shameful treatment of the Saleh family, who came to the UK seeking protection and instead were further terrorised.

The Save Saleh Family Facebook group reported that:

Great turn out for the protest yesterday, dozens of family friends turned up for the protest and marched from queen street to the UKBA.  At the UKBA it was announced that the family’s application to appeal the deportation was accepted and that it should be heard soon. Thank you for the amazing support, let’s all work together to BRING THEM HOME!