Judge criticises Home Office bid to move refugee
THE Home Office attempted to move a traumatised Afghan asylum seeker from Bristol with five days’ notice.
Home Secretary Priti Patel lost the case as a judge found the Government acted in an “irrational and unreasonable way”.
The refugee, in his mid-20s, has struggled with suicidal thoughts and post-traumatic stress disorder (PTSD) after being beaten on his journey to the UK and the reported murder of his father.
The Home Office tried to move him to Gloucester from his accommodation on Linden Road, Westbury Park, in August.
The asylum seeker refused to leave, arguing he would be cut off from his mental health support - and Judge Cotter QC said the decision must not stand in a High Court ruling.
The refugee arrived from Afghanistan hidden in the back of a lorry in 2015, before being detained by immigration officers, held in detention and later refused asylum.
His traumatic experiences were outlined in a letter from Dr Caroline Crentsil, a GP at the Haven surgery in Montpelier.
She wrote: “He was able to talk more openly about his journey to the UK including sustaining a traumatic head injury after falling from a taxi and being beaten by agents.
“It appears that the death of his parents in Afghanistan, particularly his father who was reportedly murdered by the Taliban/distant relatives, is the initial trauma leading to the current symptoms.”
The refugee failed to get asylum, but he has launched a legal battle against the decision and he is entitled to support and accommodation while he remains in the country. The Home Office issued a dispersal notice on August 13, warning him he would be moved from Linden Road – his home of three years – to Gloucester five days later. It said the property at Linden Road was to be returned to the private landlord.
The Bristol Refugee Rights charity wrote to the Home Office saying: “[The refugee] was very upset about the idea of having to relocate and has been expressing a lot of anxiety and fear about it...
“He’s been very isolated over lockdown. We have been highly concerned that he is a suicide risk and is not coping.”
The charity argued the relocation would disrupt his medical treatment in Bristol and “cut him off from his support network with an inevitable deterioration in his mental health”.
The Home Office went ahead with the dispersal, but the refugee refused to travel when a taxi arrived to collect him on August 18.
Judge Cotter criticised the “irrational and unreasonable” decision to “simply proceed to dispersal without answering any of the points raised within the letter [from Bristol Refugee Rights]”.
“No reasons have ever been given to justify the decision,” the judge added. “I find the decision was irrational and must not stand. I leave the parties to consider the terms of an appropriate order.”
A Home Office spokeswoman said: “We are aware of the court’s judgement and are acting upon it.
“The Government takes seriously its legal obligations to provide support, including accommodation, to asylum seekers who would otherwise be destitute and to failed asylum seekers who have a barrier to their departure from the UK.
“We are determined to fix our broken asylum system to make it firm and fair.
“It will be compassionate towards those who need our help, welcoming people through safe and legal routes.”