Birmingham – New Daily Prime
A Pakistani asylum seeker, who was detained and treated like a criminal for overstaying her visa, has been awarded nearly £100,000 in compensation after a 16-year legal battle against the UK Home Office.
Nadra Almas, who first arrived in the UK on a student visa in 2004, overstayed after her visa expired and repeatedly applied for permission to remain due to fears of religious persecution as a Christian in Pakistan. However, her asylum request was initially refused, leading to years of uncertainty and restrictions on her rights.
In 2018, she was handcuffed and detained by UK immigration officials and informed that she was going to be deported. However, she was released two weeks later. The government then took nearly three years to approve her refugee status, during which time she was banned from working, traveling, or claiming benefits, forcing her to rely entirely on friends and family for survival.
Her case was brought before the High Court in Birmingham, where a judge upheld an earlier ruling that found the Home Office had breached her human rights by unlawfully detaining her and delaying her refugee status.
The Home Office appealed the initial ruling, arguing that the £98,757 compensation awarded to Almas was excessive. However, Mr. Justice Ritchie dismissed the government’s appeal, ruling that the Home Office’s handling of the case was deeply flawed and constituted a reckless disregard for her rights.
“She could not travel, she could not move freely, she could not develop her private and family life because her status was uncertain,” the judge noted, emphasizing the severe emotional and financial toll the delay had on Almas.
The court also found “numerous breaches” in how she was detained at the Yarl’s Wood detention center, including a failure to consider alternatives to detention before taking her into custody.
Almas first faced removal orders in 2008, and between 2005 and 2014, she filed six different applications to remain in the UK. In 2015, her asylum claim was rejected, but she reapplied two months later.
In 2018, her 26-year-old son was granted refugee status on the same grounds that she had applied. However, despite this, she was still detained and threatened with deportation.
Her mistreatment and prolonged legal struggle led to a landmark decision, with the court ruling that the Home Office had violated her fundamental rights, including her right to liberty and protection from unlawful detention.
Implications for UK Asylum Policies
This case comes at a time when the UK government has intensified efforts to deport failed asylum seekers. Recent data suggests that the Home Office is increasing removals, with a focus on ensuring that individuals who overstay their visas or have their asylum claims denied are deported promptly.
Failed asylum seekers often face destitution, with many unable to work, claim benefits, or secure stable housing, leaving them at risk of homelessness and extreme hardship. In many cases, individuals end up in immigration detention centers while awaiting deportation.
Almas’s victory sets a precedent for asylum seekers facing similar legal struggles, reinforcing the importance of due process and human rights protections in UK immigration policies.
Stay with New Daily Prime for the latest updates on asylum policies, immigration cases, and legal battles in the UK.
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