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Latest on HS (Zimbabwe) test case


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There have been a lot of hits on this site from people looking for news about the Zimbabwe test cases. The latest news is that last week’s hearing is now over. The panel consisted of Mr Ockelton (Deputy President of the Asylum and Immigration Tribunal), Dr Storey (in charge of the country guideline system) and Mr Southern (about whom I know nothing).

The team for HS had until today to send in a written response to the Home Office’s submissions. Apparently the panel indicated that a decision will be made sooner rather than later, so the HS legal team are expecting an outcome before the end of August.

Mr Ockelton heard the original AA (Zimbabwe) case, which was allowed but overturned on appeal. Mr Southern wrote the decision for the subsequent re-hearing. He dismissed that, but his decision was also overturned by the Court of Appeal. Where does that leave us? Well, I’m sorry to say that Dr Storey is not exactly known as a force for liberalism in the AIT these days.

In any event, it seems highly likely that the losing side will appeal this decision when it emerges. Given the mass of evidence, it will prove difficult for the panel to write a determination without any chinks in its armour. The saga will no doubt continue.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


12 Responses

  1. Zimbabweans in the UK stronly believe in the UK justice system.This is the main reason why so many have fled Zimbabwe and came into this country.
    The Lord Almighty shall guide the learned judges in coming up with a judgement that shall reflect the true picture of events in Zimbabwe.
    Zimbabweans deserve a better government, Mugabe and his evil inner circles are evil whose days are numbered despite their massive torture arsenal.

  2. I have had a couple of requests for more information about the HS Zimbabwe case. I’m afraid there is no news yet and only the AIT know when the decision will be published. I’ll put up a post about it as soon as I hear, but I imagine the mainstream media will pick up on it pretty quickly.

  3. Still no news, I’m afraid. There was a rumour going around last week that it is due out imminently, but the source of the rumour was not revealed.

  4. If what I had read on AIT website under unreported determination 21/11/07 is true then we lost or maybe I could not figure what this outcome means.Try to read it yourself then interprete this dermination that was signed on 9 november 2007.Whoever understand it please highlight it to others.read case AA-02471-2006[1].doc on AIT web-unreported determinations.Type AIT on googles then open unreported determination.enter date 23-11-2007 and choose Zimbabwe under country choice then open case AA-02471-2006[1].doc .read and see for yourself.

  5. Summary of conclusions

    The appeal is dismissed on asylum grounds.

    The appellant does not qualify for the grant of humanitarian protection.

    The appeal is dismissed on human rights grounds.

    Signed Date: 9th November 2007

    Senior Immigration Judge Southern

  6. Failed To Understand This, many thanks for bringing this to my attention and well done for finding it. It appears to be authentic, and I am afraid it is bad news for failed Zimbabwean asylum seekers. I’ve written a new post with a little more commentary, which you can find on my homepage.

    I’ve deleted most of the comments you left with the text of the determination copied into them and included a link to the determination in the new post. I’ve also downloaded the determination for safekeeping in case it disappears again.