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08/09/2004
Government urged to stop deportation of Sri Lankan family
The Law Centre has appealed to Home Office Minister Des Browne to stop the deportation of a Sri Lankan man and his family who have been resident in Northern Ireland for move than three years.
The centre has urged Mr Browne to grant Somasundram Pandara Nagarasa and his family either humanitarian or discretionary leave to remain in Northern Ireland.
Mr Somasundram, along with his wife and four children, has been in the country since July 2001 after fleeing the conflict in Sri Lanka. The family’s claim for asylum has been rejected and they now fear they will be deported back to strife-torn island.
Although not a member of the Tamil Tigers, Mr Somasundram was caught up in the conflict between the Tigers and the Sri Lankan government. His son was killed by government forces and Mr Somasundram was arrested and subjected to vicious torture, including beatings. His family also endured serious physical, sexual and mental harassment, according to The Law Centre.
The Immigration Adjudicator at the asylum appeal hearing found Mr Somasundram credible on all matters. However, the Adjudicator did not conclude that these sufferings constituted persecution or torture within the 1951 UN Convention and therefore did not uphold the appeal.
Maura Hutchinson, an immigration solicitor with the Law Centre who represented Mr Somasundram at the Statutory Review stage of his appeal, said: “This is a very strong case, given the treatment suffered by Mr Somasundram and his family, and the likelihood of it reoccurring on return. Although there is an ongoing peace process in Sri Lanka, this has been seriously flawed and no real progress has been made for some years.
“Given the trauma the entire family has been subjected to, the thought of deportation at any time is causing further serious distress to the family.
“As well as having the support of the local community and the voluntary sector, Mr Sumasundram’s case is receiving support from across the political divide in Northern Ireland. This notable cross-party support is a further measure of the strengths of this case and its merits.”
Ms Hutchinson said that the legal team were looking at the possibility of bringing the case before the European Court of Human Rights.
The Law Centre also voiced its concern at the increasing numbers of genuine asylum seekers who are not being protected by the system.
(GB/GMCG)
The centre has urged Mr Browne to grant Somasundram Pandara Nagarasa and his family either humanitarian or discretionary leave to remain in Northern Ireland.
Mr Somasundram, along with his wife and four children, has been in the country since July 2001 after fleeing the conflict in Sri Lanka. The family’s claim for asylum has been rejected and they now fear they will be deported back to strife-torn island.
Although not a member of the Tamil Tigers, Mr Somasundram was caught up in the conflict between the Tigers and the Sri Lankan government. His son was killed by government forces and Mr Somasundram was arrested and subjected to vicious torture, including beatings. His family also endured serious physical, sexual and mental harassment, according to The Law Centre.
The Immigration Adjudicator at the asylum appeal hearing found Mr Somasundram credible on all matters. However, the Adjudicator did not conclude that these sufferings constituted persecution or torture within the 1951 UN Convention and therefore did not uphold the appeal.
Maura Hutchinson, an immigration solicitor with the Law Centre who represented Mr Somasundram at the Statutory Review stage of his appeal, said: “This is a very strong case, given the treatment suffered by Mr Somasundram and his family, and the likelihood of it reoccurring on return. Although there is an ongoing peace process in Sri Lanka, this has been seriously flawed and no real progress has been made for some years.
“Given the trauma the entire family has been subjected to, the thought of deportation at any time is causing further serious distress to the family.
“As well as having the support of the local community and the voluntary sector, Mr Sumasundram’s case is receiving support from across the political divide in Northern Ireland. This notable cross-party support is a further measure of the strengths of this case and its merits.”
Ms Hutchinson said that the legal team were looking at the possibility of bringing the case before the European Court of Human Rights.
The Law Centre also voiced its concern at the increasing numbers of genuine asylum seekers who are not being protected by the system.
(GB/GMCG)
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