Ay
Family - Deportation Stayed Monday
14th April 2003
Temporary good news!!!
Removal of the Ay
Family from the UK was only stayed by last minute court action.
Their solicitor had to obtain a court order preventing the removal
pending a hearing for the case to go to the Court of Appeal,
which has now been granted and will be heard in May. The Home
Office wanted to have an additional oral hearing before the
full Court of Appeal hearing, so it is possible that the Home
Office will apply for this and force another hearing this week.
The Ay family are now back in
Harmondsworth, where it all began 9 months ago.
Many thanks to all those
who have been helping to raise the Ay's case but it ain't over
yet so please keep faxing and writing.
Sarah Parker,
for
Ay Family Campaign
Background: Ay Family
Campaign
Ay Family
Must be Allowed to Stay
'The point of an immigration removal centre is not
to educate children."
Home Office comment on Ay children, detained at Dungavel Removal
Centre
Ay Family Campaign - article from Scotland's, Sunday Herald
"These children were 'exceptional' pupils ... now they
are prisoners"
Fury as asylum-seekers
detained for six months
By Stephen Naysmith,
Sunday Herlad, Scotland, Sunday 5th January 2003
=====================
Ay
Family need your help urgently!
Background:
Yurdurgal Ay, a Kurdish woman from Turkey,
and her four children, Beriwan (14), Newroz (12), Medya (7) and Dilovan
(11), are fighting deportation from Britain. Her husband Salih Ay was
sent back to Germany, supposedly a "safe third country", by the Home Office
some time ago. On 11th May German officials deported him to Istanbul in
Turkey. Since then there has been no news of him, and Mrs Ay is very worried
about what has happened to him.
Why Yurdurgal and
Salih Ay had to leave Turkey
Yurdurgal, said "I
am from Diyarbakir. My husband and I were living in Sirnak which was a
dangerous area at that time (1988). The soldiers and jandarma (military
police) kept coming to our villages and putting pressure on us, coming
into the houses and beating us, asking if we were supporting the guerrillas.
Husbands were being taken to the jandarma station and being beaten. They
were also beating the children and women in the houses. We went to Germany."
"For eleven years we lived under a hellish psychological war in Germany.
Twice the police came to the house to try to deport us. Once they said
to us You are politicians - go and do politics in Turkey.
The children grew up in that atmosphere, and were all affected by it.
Also theyve always heard bad things about Turkey, which is somewhere
theyve never been."
Yurdurgal, says she
has never slept well all this time she has been in Europe, from the beginning
till now, always fearing the police will come and deport her. She says:
"How long am I supposed to go on like this? The children were born in
Europe but dont feel safe. If I had rights in Turkey I would live
there."
In spite of this,
the Home Office wants to deport Yurdurgal and the children to Germany
too, although the family are terrified of what will happen to them when
Germany deports them to Turkey too. The children have fitted in well here,
learning English quickly, and doing extremely well at school. Their teachers
have written to say how popular the children are, with both teachers and
other kids, and what a good contribution to school life they were making,
and how shocking it is that the family faces deportation. Friends and
teachers are campaigning for them to be allowed to stay.
When the children
came to England they felt safer and thought it seemed different, because
theres usually less hostility to refugees here and they hoped the
British authorities would offer them the protection from persecution that
they need. But now the children are panicking and dont feel safe
any more, and are terrified about whats going to happen.
Whatever the legal
technicalities it cannot be right for the Home Office to wash their hands
of Kurdish people here by saying that Germany is safe when they know full
well that Germany does return Kurds to Turkey in spite of the evidence
that it is not safe to do so and that people are routinely targetted on
return to Turkey. When Salih Ay has been deported and has not been heard
from, and when all the news suggests that the level of ill-treatment of
Kurdish people in Turkey has risen in the last year, it must be wrong
to threaten this family with return to Germany.
Yurdurgal's appeal
against the Home Offices refusal of her asylum claim here has now
been refused, but her lawyer is preparing to challenge the decision via
judicial review. She and the children were snatched from their home a
week ago and are in Tinsley House Detention Centre at Gatwick, and have
been told they will be deported on 6 August, though it is hoped that they
will be released as soon as the judicial review application is lodged.
But in the meantime, we ask the Home Secretary to exercise his discretion
and allow the Ay family to stay here on compassionate grounds.
===================================================
=======================================================
Action - Please send
urgent letters to the Home Secretary and the Minister!
It is very important
to keep up the pressure on the Home Office over this case. It would be
very much appreciated if people could write to the Home Secretary and/or
the Minister if they have not already done so, or chase up the Home Office
for a reply if they have written. Please also send any petition signature
sheets you have collected to the Kurdish Community Centre as soon as possible.
The leaflet accompanying
this email gives background to the case and contact details for the Home
Office.
You can write (model
letter below) to:
Home Secretary David
Blunkett or the Minister for Nationality
and Immigration, Beverley
Hughes
Home Office
50 Queen Annes Gate
London SW1H 9AT
or fax them on 0207
273 3965,
demanding that Mrs
Ay and her children be allowed to remain.
Please quote HO Ref
APX/99/953 and send a copy to the campaign.
Model letter, copy,
amend write your own: Download model letter
Word doc.
=============================================
Rt
Hon David Blunkett MPSecretary of State
Home Office
50 Queen Anne's Gate
London SW1H 9AT
Dear
Home Secretary,
Re:
Mrs Ay and Beriwan, Medya, Newroz and Dilovan Ay Ref: APX/99/953
I
are writing to ask you to allow Yurdurgal Ay, a Kurdish woman from Turkey,
and her four children, to stay in Britain.
The
Home Office deported her husband, Salih Ay, back to Germany, earlier this
year. On 11th May German officials deported him to Istanbul, and there
has been no news of him since.
Mr
and Mrs Ay had to leave Turkey in 1988 because of persecution and threats
by the soldiers and jandarma (military police) in Sirnak where they were
living. Sirnak was a dangerous area and is one of the two areas where
the State of Emergency has still not been lifted. They went to Germany
but, unfortunately, they did not find the protection they needed. Eventually
in desperation they came to Britain. In fact the parallels with the Ahmadi
case are striking, as their MP Chris Pond, has pointed out to you.
The
children have fitted in well here, learning English quickly, and doing
extremely well at school. Their teachers have written to say how popular
the children are, with both teachers and other children, and what a good
contribution to school life they were making, and how shocking it was
that the family faced deportation.
When
the children came to England they felt safer and thought it seemed different,
because theres usually less hostility to refugees in the UK than
in Germany, and they hoped the British authorities would offer them the
protection from persecution that they need. But now the children are in
a panic and dont feel safe any more. They are scared that, if they
are deported to Germany, they will then be sent to Turkey.
Mrs
Ays appeal against the Home Offices refusal of her asylum
claim here has now been turned down, but her lawyer is challenging the
decision via judicial review. She and the children were arrested at their
home in July and detained. They have now been in detention in Dungavel
for about 2 months. I am very concerned that they have been imprisoned
in this arbitrary way, which is discriminatory since it is only applied
to non-British nationals. The chilren are having very inadequate lessons,
quite different from the excellent environment they were in at school
in Gravesend, and are constantly distressed. I ask you to release them
and allow them to return home to Gravesend where they will also be near
the Kurdish community in London.
I
ask you to exercise your discretion and allow the Ay family to stay here
in the UK on humanitarian and compassionate grounds outside the Immigration
Rules.
It
cannot be right for the Home Office to wash their hands of Kurdish people
here on a technicality by saying that Germany is safe when they know full
well that Germany does return Kurds to Turkey in spite of the evidence
that it is not safe to do so. When all the news suggests that the level
of ill treatment of Kurdish people in Turkey has risen in the last year,
it must be wrong to threaten this family with return to Germany.
I
look forward to hearing from you.
Yours
sincerely,
==================================================
Please send a copy
of anything sent to the campaign:
Contact the campaign
at Ay Family Campaign
c/o National Coalition
of Anti-Deportation Campaigns
131 Camberwell Road
London
SE5 OHF
email ncadc.london@appleonline.net
or phone Haringey
Kurdish Community Centre
0208 880 1804.
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