IMMIGRATION & ASYLUM ACCREDITATION SCHEME

Transcription

1 CLT IMMIGRATION & ASYLUM ACCREDITATION SCHEME LEVEL 1 DRAFTING ASSESSMENT SAMPLE QUESTIONS L1 - Drafting Assessment Page 1

2 PART A ASYLUM OPTION L1 - Drafting Assessment Page 3

3 Instructions to Candidates You work at Hathaway Mackay solicitors. Your supervisor has given you some papers in relation to the asylum appeal of one of her clients. Her client's name is Nureddin Rahim. The papers contain: Document 1: Document 2: Document 3: Document 4: Document 5: The record of the client s Level 1 Screening Interview The record of the client s Asylum Interview The Reasons for Refusal Letter Your supervisor s file note of her interview with the client Extracts from the latest UNHCR position paper for Sudan Your supervisor explains that Mr Rahim is a Sudanese national from Darfur who recently instructed the firm to represent him in his appeal to the Asylum and Immigration Tribunal. The appeal is listed for hearing in 6 weeks time. The grounds of appeal against the refusal of leave to enter allege that the applicant s removal would breach the UK s obligations under the 1951 Refugee Convention as well as Article 3 of the European Convention on Human Rights. Your supervisor tells you that Mr Rahim s claim was considered without him being asked to fill out a SEF form. She has interviewed Mr Rahim and has assessed the prospects in his appeal as being good. She tells you that if he is believed about his case the usual problem in Dafurian cases of internal relocation should not arise, especially in the light of the extracts from the new UNHCR position paper on Sudanese Asylum Seekers she has given to you. Your supervisor asks you to produce a first draft of the statement that will act as the client s evidence in chief at the hearing. Your supervisor has made it clear that the statement should tell the whole of Mr Rahim s story as well as replying to the points taken in the refusal letter. She also asks you to note any additional client instructions or evidence that ought to obtained either in the body of the statement or at the end of the statement. You will receive credit in marking for properly identifying these matters. L1 - Drafting Assessment Page 4

4 DOCUMENT 1 HOME OFFICE Screening Form Level 1 Port Reference: TN3/47834 Date of asylum application: 17/01/06 Are you fit and well and content to be Yes. interviewed? (If not, why not) Are you content to be interviewed in Yes. MASSALEIT (*Insert language and dialect) Can you understand what I am saying? What language would you prefer to use in any further interview (including dialect)? Give following explanation: In order to qualify for asylum you must demonstrate that you have a well founded fear of persecution in your country of nationality on account of your race, religion, nationality, membership of a particular social group or political opinion. Do you believe that you are covered by this? Signature of appellant 17/01/06. Signature of screening officer 17/01/06. Yes. MASSALEIT. PERSONAL DETAILS What is your family name? Rahim. What are your other names? Nureddin. What other names have you used? None. Sex Male. What is your date of birth? 08/09/86. Are you in good general health? Yes. Do you have a medical condition? No. When did you last receive treatment by Years ago. a doctor? Where were you born? Darfur. What is your nationality? Sudan. What is your ethnic origin? Massaleit. What is your religion? Muslim. Where did you worship in your country Village mosque. of origin? I am from Darfur and my family and people are persecuted there. L1 - Drafting Assessment Page 5

5 What is your normal occupation? What is the name and address of your last employer? When did you last work for the above employer? Do you have your own passport Did you have a passport when you travelled? What is the passport number? What is the issuing Government/Authority What was the date and place of issue? What is the expiry date? Have you ever had a visa issued? In what city was it issued in? What country was it for? Please provide any further details that will establish where the visa was issued? Do you have any other identity documents? JOURNEY DETAILS When did you leave your country of origin? What was the date and time of your arrival in the UK? What document (s) did you use to enter the UK? What method of transport did you use to travel to the UK? What was the last country you were in before coming to the UK? Which other countries did you travel through before arriving in the UK? Why did you spend the amount of time you have stated in the countries you have stated? Why didn t you apply for asylum in the country you stayed in before arriving in the UK? What evidence/documentation do you have to show when you were last in the country from which you claim to have arrived? Farmer. I worked with my family before we were attacked. June No. Yes. Don t know I returned it to the agent. I don t know. Don t know. Don t know. No. Don t know. Don t know. Don t know. No. End of November last year. Earlier today. I gave the passport back to him before I claimed asylum with the immigration officer. Plane. Sudan. Egypt. November until came here today. My agent said it would not be safe there. The Egyptians killed some Darfurians who were protesting and many others were sent back to Sudan. Nothing. The agent took everything. L1 - Drafting Assessment Page 6

6 What evidence (e.g. documentation/tickets) do you have to show that you were in any of the countries you claim to have been in before arriving in the UK? Which airline did you travel with? What was the flight number? What name did you travel under? How long did the flight last? Did you transit anywhere en route to the UK? Nothing. Egyptian Airlines. Does not know. Ismail al-jeddah. 8 hours. No. L1 - Drafting Assessment Page 7

7 DOCUMENT 2 HOME OFFICE STATEMENT OF EVIDENCE FORM - SEF (INTERVIEW) INTRODUCTORY INFORMATION 1 HO Reference R Port Ref TN3/ Name Nureddin Rahim 4 Other Names N/A 5 Nationality Sudan 6 Date of Birth 08/09/86 7 Detention Centre/TA expiry date 8 Current Address 47 South Road, Solihull 9 Last Address in country of Origin Darfur 10 Interview Location Liverpool 11 Interview Date 28/03/06 12 Interviewing Officer Mr J. Jones 13 Language of Interview MASSALEIT 14 Dialect of Interview (where relevant) N/A 15 Interpreter Yes 16 Start Time 11:00 Introduction Introduce yourself and the interpreter 17 Do you understand the interpreter? Yes 18 Are you content to be interviewed in Yes MASSALEIT [Insert language and dialect] 19 Are you fit, well and content to be Yes interviewed today 20 Name of representative Mr J. Delaney Arthur and Co (not present) I have had my name(s), nationality and date of birth read back to me and I declare this information is true Signature of applicant Signed by the Applicant L1 - Drafting Assessment Page 8

8 Explanation of Procedures The information that you give us will be treated in confidence. No information will be disclosed to the authorities of your own country. Information may, however be disclosed to other government departments or agencies, local authorities, international organisations and other bodies to enable them to carry out their functions. Information may also be disclosed in confidence to the asylum authorities of other countries which may have the responsibility for considering your claim. Explanation of Representative s role (to be given where appropriate) I would ask your representative not to interrupt during the course of the interview. If they wish to make any comments they will have the opportunity to do so at the end of the interview Curtailment warning (in country cases only) N/A L1 - Drafting Assessment Page 9

9 No Question Reply 1 Why did you claim asylum? It was not safe for me in Sudan. My family was attacked by the Janjaweed militia. My sister disappeared and my brothers were killed. We had to run away. 2 Where did this happen? In Darfur, not far from the border with Chad. 3 Why were you attacked? We are Massaleit. The government thinks that we are against them because we are not Arabs. They think that young men like me support the Equality and Justice Party. The troops attack us because of this. 4 What relationship does the government have with the militia? I don t know, but they do not stop the Janjaweed from attacking us and the Janjaweed are armed with weapons they must have got from the government. They do what the government wants. 5 So why did they attack you? They want to kill us or make us leave because we are not Arabs. 6 When was the attack? In around June last year. 7 What happened? I was herding goats on our land and I saw smoke coming from the direction of our house. When I got to our house it had been set alight and everything had been thrown everywhere. There was no one there. My parents came soon after. We did not know what had happened to my brothers and sister. They had been taken. 8 What did you do? We looked for them. We didn t find my sister. 9 And your brothers had also Yes. gone? 10 And then? My father decided that we had to leave immediately. It was no longer safe. They wanted us to go and we could not risk staying and be killed like my brothers. 11 But you just told me that your brothers were taken with your sister. How do you know they were dead? 12 So they were killed? Yes. 13 So why did you tell me they were taken a moment ago? Because we found my brothers bodies when we looked for them. We thought they had been and we found their bodies away from the house. L1 - Drafting Assessment Page 10

10 14 Was your sister also killed? I don t know because we never found her. I think that they took her. They take women. 15 Why were your parents not taken? They were not at home when the attack happened but my brothers and sister were. 14 How old were you brothers and sisters? My brothers were 15 and 18 years old. My sister was 13 years old. 15 Where did you go? We went to Taweela to stay with my uncle. 16 What happened next? We decided that we had to run away. The attacks were continuing. There was no food for me or my family. My father found someone to buy his land for a small amount of money and gave me everything he had. He knew that he and my mother were not strong enough to go to Khartoum, so they started to walk to Chad even though there was fighting between us and the border and people said that the conditions in the camps in Chad are terrible. 17 So they were scared about being caught up in the fighting and left because they had nothing to eat? Yes. 18 Where did you go? I went to Khartoum. 19 Why didn t you go with your parents? My father told me to go to Khartoum because he thought that it would be better for me there than in the camps. 20 But you had to leave them on their own? They were with my uncle and his family. 21 Did you manage to get to Yes. Khartoum? 22 When? It took me 2 or 3 weeks. I left in the middle of July and arrived in the middle of August. 23 Last year? Yes. 24 So what did you do there? It was impossible for me to do anything. I lived in the Omdurman refugee camp with other Massaleits and people from Darfur. The conditions were terrible. There was no food. We could not get any work. We were attacked because the government thought that we were against them. L1 - Drafting Assessment Page 11

11 25 How long did you stay there for? About 1 month. In the middle of August the authorities came and rounded everyone in the camp up and moved them. 26 Where did they take you? They did not take me anywhere because I managed to escape. I knew that if I was rounded up I would be beaten and detained. Once they had me in prison they would kill me because they would think that I am a separatist and support Equality and Justice Party. I could not let them take me. 27 So you were able to avoid being captured? For a little while. But then I was arrested by the police and detained for 2 weeks. 28 When was that? At the beginning of September. They thought that I was against them. They kept me in a prison with many others and used to beat anyone from Darfur every day. 29 What happened then? They released me and I went to Port Sudan. 30 When did they release you? At the end of September. 31 Why did they release you? A friend who was looking after the money that my father had given me bribed some guards. 32 What did you do then? I took the rest of the money and I went to Port Sudan. I looked for a boat there to get me out of Sudan. I knew it was not safe for me and I had to leave. 33 Did you manage to find a boat? In the middle of November I paid money to an agent. He put me on a boat to Cairo and said that he would make sure I got to somewhere safe. 34 When did you get to Cairo? 3 days later. 35 What did you do there? I stayed in a house on the outskirts with the agent for a few weeks. I was waiting for him to get me out of Cairo. 36 Why didn t you claim asylum in Cairo? The Egyptians don t protect people from Darfur. Everyone knows there is a real problem there and that the police killed Sudanese sheltering there. 37 So how did you get to the UK? The agent organised everything and 38 So you travelled on a passport that was not yours? we got a flight here. Yes. L1 - Drafting Assessment Page 12

12 39 Why? There was no other way that I could get out of Cairo and come here. 40 Do you have any news about your mother and father? No. I don t know where they are. CONCLUDING QUESTIONS Have you any further comments? No Are there any other reasons other than those you have told me about during this interview why you wish to remain in the United Kingdom? No Has your representative any comments? (if applicable) N/A The applicant signed the interview record. L1 - Drafting Assessment Page 13

13 DOCUMENT 3 Home Office Immigration and Nationality Directorate Integrated Casework Directorate Liverpool Nureddin RAHIM Our Ref R Date of Birth: 08/09/86 Your Ref Nationality : Sudan Date 03/03/06 Dear Mr Rahim, REASONS FOR REFUSAL 1. You have applied for asylum in the United Kingdom on the grounds that you have a well-founded fear of persecution in Sudan. In order to qualify for asylum under the terms of the 1951 Geneva Convention relating to the Status of Refugees, to which the United Kingdom is a signatory, an applicant must show that he has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. 2. Your application has not been considered by the Secretary of State personally, but by an official acting on his behalf. 3. Consideration has been given to whether or not you qualify for Humanitarian Protection in accordance with the published Home Office Asylum Policy Instruction on Humanitarian Protection. This is because you have either asked for Humanitarian Protection, or, you have specifically raised issues under Article 3 of the 1950 Rome Convention for the Protection of Human Rights and Fundamental Freedoms, (commonly referred to as the ECHR) which would constitute a claim for international protection, or, your claimed fear of persecution is such that we have chosen to regard this as a claim for international protection. L1 - Drafting Assessment Page 14

14 4. Consideration has also been given to whether you may be eligible for a grant of limited leave to enter or remain in the United Kingdom in accordance with the published Home Office Asylum Policy Instruction on Discretionary Leave. 5. Your claim has been considered, but for the reasons given below it has been concluded that you do not qualify for asylum or Humanitarian Protection. It has also been concluded for the reasons given below that you do not qualify for limited leave to enter or remain in the United Kingdom in accordance with the published Home Office Asylum Policy Instruction on Discretionary Leave. 6. You claim that you are from Darfur in Western Sudan and a member of the Massaleit ethnic group. You claim that your family were attacked by Janjaweed militia. You say that your 2 brothers and sister were taken, and then you discovered your brothers were dead. You say that you left your mother and father to make their way to refugee camps in Chad (where you say conditions were poor) whilst you made your way to Khartoum and stayed in Omduram camp. After this camp was closed in August 2005 you claim that you were then detained. Your release was secured through bribery and you made your way to the UK via Cairo. 7. The Secretary of State considers your claim to be incredible. The account that you have given lacks detail. The few details given are implausible. The Secretary of State does not believe that you would leave your parents, taking the money that they had, to make their way on their own to Chad along a route that you yourself describe as dangerous. The Secretary of State does not believe that, given the instability in Darfur, your father would have been able to sell land for a sufficient amount to finance your journey to the UK. The Secretary of State does not believe that you would have been able to have your money kept safe for you during the period you claim you were detained by the Sudanese authorities. Thus, your account of detention in Khartoum and bribery to secure release is not believed. 8. The Secretary of State considers that your credibility is damaged by inconsistencies in your account. First, you said in your asylum interview that your brothers were taken and then you changed your story to say that they were killed. Second, you told the interviewing officer at the screening interview that your agent told you of the problems in Cairo for Sudanese asylum seekers but in your asylum interview you said everyone knew. 9. Furthermore, the Secretary of State is of the view that you failed to take advantage of a reasonable opportunity to make an asylum claim in Egypt; a country that you lived in for almost 2 months before coming to the UK. This damages your credibility (Asylum and Immigration (Treatment of Claimants, etc) Act 2004, section 8). 10. In the light of this, all the Secretary of State is prepared to accept about your claim is that you are Sudanese whose origins are probably from Darfur as you are of Massaleit ethnicity. Consequently, he is of the view that it would not be unduly harsh or unreasonable to expect you to live in Khartoum. L1 - Drafting Assessment Page 15

15 11. The reasons set out above apply equally to your claim for international protection under Article 3 of the ECHR as they do for your claim under the Refugee Convention. 12. In the light of all the evidence available, it has been concluded that you have not established a well-founded fear of persecution and that you do not qualify for asylum. Your asylum claim is therefore refused under paragraph 336 of HC395 (as amended) and has been recorded as determined on 31 October On the basis of the information you have provided, your removal would not be contrary to the United Kingdom s obligations under the ECHR. You are now required to state any reasons that you have for staying in the United Kingdom which were not previously disclosed. Please read the enclosed One Stop Notice carefully. The reasons must be stated on the Statement of Additional Grounds attached to the Notice of Appeal and these should be returned together (with a copy of the Reasons for Refusal Letter and the Notice of Decision) to the address given on the Notice of Appeal. Help and advice on returning home can be obtained from the Immigration Office dealing with your case, or the Immigration Service on: between 9am and 5pm Monday to Friday. Alternatively help and advice for asylum seekers and those whose asylum claims has been refused who wish to return home voluntarily can be obtained from the International Organisation for Migration. They can be contacted at: 26 Westminster Palace Gardens Artillery Row London SW1P 1RR The International Organisation for Migration is an independent international organisation and is not part of the Home Office. Yours sincerely Asylum Casework Directorate Acting on behalf of the Secretary of State L1 - Drafting Assessment Page 16

16 DOCUMENT 4 ATTENDANCE SHEET Client: Mr Nureddin Rahim Date: 10/03/06 Advisor: Janet Thompson Client attended office on his own. Interpreter used. Supplied copies of: Level 1 Screening interview record; Substantive interview record; Reasons for refusal; AIT 1 Notice of appeal Client gave name and address of previous representative. Read papers and took instructions. No statement was written by previous representatives. No SEF self completion. Present Address: As iv record. NASS accommodation and support. Personal Details: As iv record. Family Details Father: Mother: Brothers: Abdullah Rahim Fatima Rahim Mohammed Rahim (deceased) Ismail Rahim (deceased) Education: None. Cannot read or write. Employment: Worked on family farm Ethnicity: Massaleit Religion: Muslim Health: No health problems Instructions on Refusal Letter The refusal letter says I gave few details. I answered every question that was asked truthfully. If more questions need to be asked I am happy to answer them. I did not leave my parents alone. I left them with my uncle and his family and they were going to travel to Chad together. The reason I left them is because my father wanted me to go. He wanted for me to escape and was willing to give up everything for that. L1 - Drafting Assessment Page 17

17 It is true that my father managed to sell his land and that he was lucky to manage to do this. The land was good and I think that is how he managed to sell it. He only received a small amount of money compared to the land s true value. That was because of the war. The friend who looked after my money was Mohammed Nimieri. Before the camp in Khartoum was closed I used to keep the money hidden there or with me. I decided to give some of the money to my friend for safe keeping in case I had problems with the authorities and they took all the money I had. He was a good friend and when he heard I had been picked up he chose to save me rather than keep the money himself. I am in his debt. There are not any inconsistencies in my account. It is true that my agent told me of the problems that the Sudanese had in Cairo, but I came to find out that everyone knew. The killing and expulsions happened while I was there. That is why I did not claim asylum in Egypt. Even after I came to the UK I found out that people here knew about it as it had been reported on television. I did not change my account about what had happened to my brothers. I ve always said that they were killed. My parents and I thought that they were taken at first but in fact they were killed. There is no possibility that I could live in Khartoum. I will be picked up because I am from Darfur and a Massaleit and will be detained and beaten. There is nowhere that I can live. The conditions there were terrible; almost as bad as Darfur. L1 - Drafting Assessment Page 18

18 DOCUMENT 5 Extracts from UNHCR s POSITION ON SUDANESE ASYLUM-SEEKERS FROM DARFUR February Since the last UNHCR return advisory for Sudan in November 2001, there have been major developments in the country which have impacted upon the situation of displacement within the country. 2. In Western Sudan, following accusations against the Khartoum Government of failure to address ongoing economic and political marginalisation of Darfurians since the 1980s, a crisis erupted in Darfur in February 2003 when two rebel groups emerged to challenge the Government. The Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM) claimed that the Government in Khartoum discriminated against African ethnic groups in Darfur. An armed conflict ensued with government forces supported by Arab Janjaweed in fighting against SLA and JEM. These Arab militias are understood to be the primary cause of 1,800,000 people becoming internally displaced within the three States of Darfur, together with 200,000 displaced across the border in Chad and the deaths of at least 50,000 people. 3. Forced returns to Sudan entail risks for certain categories of Sudanese, regardless of their place of origin, including Darfurians. These categories include young men of fighting age who are regularly singled out for detention and interrogation. These arrests are often pursuant to an administrative decree dated 28 February 1993, which authorises border authorities to arrest returning Sudanese who left after the June 1989 coup and have stayed away for more than a year. Such individuals can be subject to investigations and necessary security measures. Currently, the decree is applied selectively, depending on the profile of the individual returning. Young men of a fighting age are particularly susceptible to be targeted. L1 - Drafting Assessment Page 19

19 4. The National Assembly passed a new Security Act in July 1999, which allows the security forces to detain individuals for a period of three days for investigation. It is difficult to assess whether the three-day provision of the Act is being strictly implemented. Since the security forces wield considerable power, arbitrary detention for much longer periods persists. In addition, many suspected political opponents are required to report every day to security offices, where they have to stay all day. 5. As regards Darfur, the security situation has noticeably deteriorated since August 2005, in spite of some relative improvements noted in the previous months. Civilians continue to be targeted by fighting in Darfur. Thousands of Darfurians driven from their homes and lands remain in IDP camps in Darfur. A recent trend is the considerable rise in abductions, harassment, extortion and looting of civilians by primarily Arab militia. Deliberate attacks by Arab and other unidentified groups, some with apparent links to military or police or rebel groups, have been aimed at civilians in the IDP camps, resulting in the killing of men and abduction of women, looting of livestock, destruction of villages, destruction of crops and water supplies. Occupation of villages by individuals who are not past inhabitants is a growing phenomenon. The response of the authorities has generally been tardy and lacklustre. Women in some camps and those leaving camps to collect firewood continue to face a high risk of sexual assault. Some lawyers and others involved in legal aid and human rights networks, together with persons associated with international NGOs have been subject to abduction, harassment and intimidation. The absence of effective protection by the authorities has further exacerbated threats to the physical safety of Darfurians. Overall, it is assessed that the security situation has not improved; the reverse is true, to the point that a change in the prevailing position of no returns to Darfur is not warranted. L1 - Drafting Assessment Page 20

20 6. In Khartoum, there are approximately two million IDPs in four IDP camps and in some 16 squatter areas in and around the capital. The majority of the IDPs are from South Sudan, but there is a sizable IDP population from Darfur as well, many of whom arrived in Khartoum during the 1980s, as a result of draught. Survey estimates indicate that approximately 10-15% of the two million IDPs in Khartoum are from Darfur. The IDP population in and around Khartoum is socially and economically marginalised and lives in very poor living conditions, despite the activities of the UN and NGOs. Harassment and arbitrary violence on the part of the authorities is a regular occurrence. Internally displaced persons from Darfur in Khartoum also often face protection risks, including forced relocation and forced return. 7. Exacerbating the problem, the Government has accelerated, since 2003, a replanning process for the IDP camps and squatter areas in and around Khartoum. This has led to demolition of IDP homes, schools and medical centres. It is assessed by UNHCR that approximately 250,000 IDP households have been made homeless as a result of the ongoing home demolitions. Thousands of families have been left with no place to live, because plots allocated are too few and no alternative shelters have been provided. There is no effective government policy addressing the needs of those excluded from accessing new plots. Especially hard hit are undocumented IDPs, female-headed households and those who arrived in Khartoum after The latter include most of the IDPs from Darfur who were compelled to move to the capital, as a result of the Darfur crisis. 8. The fact that internally displaced persons are receiving international assistance in Darfur and in Khartoum should not give rise to the conclusion that it is safe or reasonable for the claimants to return to parts of Sudan. Internally displaced persons in Darfur continue to face serious threats to their physical safety and personal security. In UNHCR s assessment, the threats are so widespread that it cannot be said there is an internal flight alternative anywhere in Sudan for asylum-seekers from Darfur, including for those who resided in Khartoum before the Darfur crisis. L1 - Drafting Assessment Page 21

21 Sudanese of non-arab Darfurian background returning to Sudan face a heightened risk of scrutiny by the security apparatus. Furthermore, where internal displacement is a result of ethnic cleansing policies, denying refugee status on the basis of the internal flight or relocation concept could be interpreted as condoning the resulting situation on the ground and therefore raises additional concerns. 9. UNHCR therefore recommends that: States provide international protection to Sudanese asylum-seekers from Darfur of non-arab ethnic background, through according them recognition as refugees under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol or under the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, as appropriate; Where a State feels unable to grant refugee status under the law, but the individual is not excluded from international protection, at least a complementary form of protection should be granted; no non-arab Sudanese originating from Darfur should be forcibly returned until such time as there is a significant improvement in the security situation in Darfur; Due attention is paid to the particular protection needs of especially vulnerable asylum-seekers from Darfur, such as female heads of households, medical cases or victims of past persecution. L1 - Drafting Assessment Page 22

22 PART B IMMIGRATION OPTION L1 - Drafting Assessment Page 23

23 Instructions to Candidates You work for Excellent & Co Solicitors. Your supervisor has asked you see a client tomorrow. Her name is Mrs Charulata Mohabir. She is an existing client of the firm. Her daughter, Sylvia Chakma, made an application last year to the British High Commission, Delhi, for a student visa to come to the UK. Sylvia was accepted on a course at Hatfield University to study for a B.Sc in Nursing and Community Health. It will last for 3 years. The British High Commission refused this application. With the help of a friend, Mrs Mohabir lodged the notice of appeal on behalf of her daughter. The appeal will be heard in 3 weeks time by the Asylum and Immigration Tribunal at York House, Hatton Cross. Mrs Mohabir is a privately paying client. A fee has already been agreed by her with your supervisor. Your supervisor has given you a file containing the following documents: Document 1: Copy of the application form VAF1 Document 2: Refusal Notice Document 3 (A, B & C): Bank Statements of Mrs Mohabir Document 4 (A, B & C): Pay slips of Mrs Mohabir Document 5: Letter submitted in support of the application Document 6: Letter of enrolment Document 7: Letter to the firm from Mrs Mohabir Document 8: Birth certificate of the applicant Document 9: Extract from Immigration Directorate Instructions Document 10: Extract from the Immigration Rules Your Supervisor has asked you to prepare a first draft of a witness statement for Mrs Mohabir that will stand as evidence in chief at the hearing. Your supervisor has told you that the statement must be in an appropriate form for submission to the Asylum and Immigration Tribunal. She asks that if you think there are additional matters upon which you need further instructions or evidence, could you clearly mark them in the statement, either at its end or in the text. You will receive credit in marking for properly identifying these matters. L1 - Drafting Assessment Page 24

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32 DOCUMENT 2 NOTICE OF IMMIGRATION DECISION In compliance with the Immigration (notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002 REFUSAL OF ENTRY CLEARANCE OR CERTIFICATE OF ENTITLEMENT TO THE RIGHT OF ABODE Case Ref: DEL/03456/2005 To: SYLVIA CHAKMA You have applied for an entry clearance to the United Kingdom for 3 years as a student BUT: Your application has been determined based on the papers you have chosen to submit in support of your application. However, I am not satisfied, on the balance of probabilities, that you meet the requirements of paragraph 57 of the Immigration Rules, in particular: You are able to meet the cost of the course and maintain and accommodate you without recourse to employment or public funds. You intend to leave the United Kingdom at the end of your studies. BECAUSE You have made an application to go to the UK to pursue a B.Sc in Nursing and Community Health. The cost of your tuition, maintenance and accommodation is to be borne by your sponsor, who claim is your mother. To support the application you have submitted her bank statement, but you have failed to submit anything to show that you are related as claimed. In addition to this I note that the statements submitted are 4 months out of date. In light of this I am not satisfied that such funds will actually be available to you in the UK. Therefore, I am not satisfied, on the balance of probabilities, that you are able to meet the cost of the course and maintain and accommodate yourself without recourse to employment or public funds. Your account of your personal, economic and social circumstances and how you will use these studies does not satisfy me, on the balance of probabilities, that you intend to leave the UK on completion of your studies. You are currently unemployed and out of education. Your claimed mother is in the UK, and no information has been given as to what her immigration status is, why or how she went to the UK. L1 - Drafting Assessment Page 33

33 I therefore refuse your application. If you wish to comment on the reasons for refusal, I shall record your response below You are entitled to appeal to the appellate authorities against this decision under Section 82(1) of the Nationality Immigration and Asylum Act If you wish to appeal you should complete Appeal Form AIT-2, a copy of which will be given to you with this notice. The completed appeal form should not arrive later than 28 days after the date of this notice. Entry Clearance Officer: Date of Refusal: 14/09/2005 A notice (of which this is a copy) was handed to me at: British High Commission New Delhi Applicant s signature: Date: L1 - Drafting Assessment Page 34

34 DOCUMENT 3A Your statement Contact tel: Text phone: MRS CHARULATA MOHABIR 94 APPLE CRESCENT LONDON NW2 4B7 02 March 2005 to 01 April 2005 Account Name Sort Code Account Number Sheet Number Mrs Charulata Mohabir Your Bank Account Details Date Payment Type and Details Paid out Paid in Balance 02 Mar 05 BALANCE BROUGHT FORWARD Mar 05 DEB BOOTS PHARMACY Mar 05 DEB TESCO STORE Mar 05 DEB HOMEBASE Mar 05 ATM HSBC CASH MACHINE Mar 05 DEB VODAFONE Mar 05 CRE REFUND FROM GROVES SURPRISES Mar 05 DEB ZINCO S RESTAUANT Mar 05 ATM HSBC CASH MACHINE Mar 05 BGC MORE4LESS SUPERMARKET GROUP Apr 05 BALANCE CARRIED FORWARD L1 - Drafting Assessment Page 35

35 DOCUMENT 3B Your statement Contact tel: Text phone: MRS CHARULATA MOHABIR 94 APPLE CRESCENT LONDON NW2 4B7 02 April 2005 to 01 May 2005 Account Name Sort Code Account Number Sheet Number Mrs Charulata Mohabir Your Bank Account Details Date Payment Type and Details Paid out Paid in Balance 02 Apr 05 BALANCE BROUGHT FORWARD Apr 05 DEB PRIMARK GROUP Apr 05 DEB WHSMITH Apr 05 CH Q 09 Apr 05 DEB BOOTS PHARMACY Apr 05 DEB TESCO STORE Apr 05 ATM HSBC CASH MACHINE Apr 05 DEB VODAFONE Apr 05 ATM HSBC CASH MACHINE Apr 05 DEB THE FURNITURE STORE Apr 05 BGC MORE4LESS SUPERMAKET GROUP May 05 BALANCE CARRIED FORWARD L1 - Drafting Assessment Page 36

36 DOCUMENT 3C Your statement Contact tel: Text phone: MRS CHARULATA MOHABIR 94 APPLE CRESCENT LONDON NW2 4B7 02 May 2005 to 01 June 2005 Account Name Sort Code Account Number Sheet Number Mrs Charulata Mohabir Your Bank Account Details Date Payment Type and Details Paid out Paid in Balance 02 May 05 BALANCE BROUGHT FORWARD May 05 DEB CLARKS SHOES May 05 DEB PIZZA NATION May 05 ATM HSBC CASH MACHINE May 05 DEB TESCO STORE May 05 ATM HSBC CASH MACHINE May 05 DEB VODAFONE May 05 DEB H SAMUEL May 05 CHQ May 05 BGC MROE4LESS SUPERMARKET GROUP Jun 05 BALANCE CARRIED FORWARD L1 - Drafting Assessment Page 37

37 DOCUMENT 4A MORE4LESS SUPERMARKET MRS CHARULATA MOHABIR EMPLOYEE NUMBER: CG 07 NATIONAL INSURANCE NUMBER: DY A DATE: EEK HOURS PAY COMMENCING WORKED RATE AMOUNT SUPERVISOR RATE OVT SUPERVISOR RATE NIGHT RATE SUPERVISOR RATE OVT SUPERVISOR RATE DEDUCTIONS TOTAL PAY: NATIONAL INSURANCE TAX TOTAL DEDUCTIONS: TOTAL AMOUNT PAID: L1 - Drafting Assessment Page 38

38 DOCUMENT 4B MORE4LESS SUPERMARKET MRS CHARULATA MOHABIR EMPLOYEE NUMBER: CG 07 NATIONAL INSURANCE NUMBER: DY A DATE: WEEK HOURS PAY COMMENCING WORKED RATE AMOUNT SUPERVISOR RATE OVT SUPERVISOR RATE SUPERVISOR RATE OVT SUPERVISOR RATE NIGHT RATE DEDUCTIONS TOTAL PAY: NATIONAL INSURANCE TAX TOTAL DEDUCTIONS: TOTAL AMOUNT PAID: L1 - Drafting Assessment Page 39

39 DOCUMENT 4C MORE4LESS SUPERMARKET MRS CHARULATA MOHABIR EMPLOYEE NUMBER: CG 07 NATIONAL INSURANCE NUMBER: DY A DATE: WEEK HOURS PAY COMMENCING WORKED RATE AMOUNT SUPERVISOR RATE OVT SUPERVISOR RATE NIGHT RATE SUPERVISOR RATE SUPERVISOR RATE NIGHT RATE SUPERVISOR RATE DEDUCTIONS TOTAL PAY: NATIONAL INSURANCE TAX TOTAL DEDUCTIONS: TOTAL AMOUNT PAID: L1 - Drafting Assessment Page 40

40 DOCUMENT 5 94 Apple Crescent London NW2 4BJ 9 June 2005 Dearest Sylvia It was lovely to speak to you today on the phone. It reminds me of how it used to be when we were all together and how excited I am about the prospect of you coming here soon. Ashok is well. He has been working at a computer warehouse for a while now and heard recently that he s going to be promoted. That is good for him, at the moment he is saving up for a holiday, I m sure that ll help him on his way. I am ok as well, working hard as usual, but it ll all be worth it soon. I m saving up to buy a new sofa as well; the old one is looking a bit battered since we painted the living room. This is just to say really that I m sending you my bank statements and payslips from the past few months for you to include in your application. I hope this is all alright and is what you need. If there is anything else let me know, I m always happy to help you. I wish you all the best with the application; I really hope you get the visa. Coming to study here would be so good for you, and you are more than able to handle it. Don t worry about your English; you just need a bit of practice. It s all there, just needs dusting off. I can t wait to see you again, it feels like it s been so long. The weather is cold here at the moment, that ll be something else you ll have to get used to. Still, after 10 years I have come to prefer it to the mosquitoes. I have to go to work now so I ll sign off. Hopefully this will arrive with you quickly so it doesn t delay you. Maybe if you come to the UK a bit earlier we can travel around a bit to show you some of the sights, I still have some days off owing to me. Give my love to your husband and his mother, and a kiss for Priya. Hopefully hear from you soon. All my love, Mum xxx L1 - Drafting Assessment Page 41

41 DOCUMENT 6 HATFIELD UNIVERSITY College Lane Hatfield Hertfordshire AL10 9AB Ms Sylvia Chakma C/o Mrs Charulata Mohabir 94 Apple Crescent London NW2 4BJ 17 January 2005 Dear Ms Chakma We are pleased to inform you that we are offering you a place on the three year course BSc Nursing and Community Health commencing September This is an unconditional offer meaning you have already met the necessary requirements for this course. To accept your place, please contact our Admissions Secretary Jane Sherlow in the Undergraduate Admissions Office on or jsherlow@hu.ac.uk. You will receive a confirmation letter of your choice within two weeks. Should you have any queries about the course or require further details, you should direct these to Undergraduate Advice, or ugadvice@hu.ac.uk. We hope to see you in September. Yours sincerely Mrs Karen Branshaw Director of Undergraduate Admissions L1 - Drafting Assessment Page 42

42 DOCUMENT 7 26 April 2006 From: Mrs. Charulata Mohabir To: Excellent & Co Solicitors Dear Madam/Sir Please help me with my daughter s appeal. She applied to come to the UK to study. She was accepted onto her course (BSc in Nursing and Community Health), but the British High Commission refused her application. All this happened last year when, with the help of a friend, I lodged the notice of appeal. It is coming up for an appeal again soon and I want to do everything I can to help her. I love my daughter and I would like to give her a chance in her life. What mother wouldn t do everything they could? As you can see from the other papers I have given you, they have done my daughter a great injustice. They say that my daughter provided old bank statements, not the recent ones that they asked for. This can t be right as I gave her my most recent ones: it just took so long for her application to be looked at that they were old by then. She submitted the application in June and they took another 3 months before deciding on the application. It is no fault on Sylvia s part. They just need to be more efficient if they are going to be making such a life-changing decision for someone. They did not even call her for interview, and the next thing she heard from the High Commission was that her application had been refused. She could have provided them with up-to-date information and bank statements if they had asked. They didn t even give her a chance because of their own inadequacies. They didn t even believe I was her mother! That was very distressing for me, how could anyone say that with conviction? If anyone saw us together and knew how much I loved her they wouldn t be able to claim that with any sincerity. I came to the UK some 15 years ago. I am now a British Citizen. I am working as a Supervisor for the more4less supermarket and have been working at more4less for over 15 years. I am earning enough to support her and to pay for her education during her stay in the UK, which is approximately 1900 per month. I enclose my pay slips for your information. My daughter submitted these with her application. I also have savings that would more than cover her costs should it be needed, though I was saving this for when I retire in a few years time. I have a three-bedroom flat where I live with my son Ashok. He works in a computer technical services department in Hendon and is doing very well. He will soon be promoted to department manager. He hasn t seen Sylvia for a long time, he is as eager to see her as I am. My flat is very roomy, there is more than enough room for Sylvia to stay with me should she need to, though I think this would only be during the holidays as she would like to study in Hatfield. L1 - Drafting Assessment Page 43

43 That would be quite a long way to travel everyday if she was living with me. If she gets a visa, she will be living in student accommodation near the university, it is more beneficial and practical for her. My daughter Sylvia is married and has one beautiful daughter, Priya. Priya is in school at the moment so she wouldn t be coming with my daughter, though I would love to see her, she s probably grown up so much since I last saw her. Her husband also has a successful retail business in India that he took over from his father five years ago. They have a good life in India, but if Sylvia managed to get this qualification from the UK, it could be so much better. She would be able to get wellpaid job in one of the bigger, more prestigious hospitals and would be using her skills to forge a better future for her and her family. With their combined income they could move to a bigger property and provide for Priya s future. Do they really think she is coming to stay here illegally? She has too much back in India to just abandon. Priya would miss her a great deal and likewise for Sylvia, she loves her husband and the life she has back in India. She wouldn t adjust to life here after living comfortably in India for so long: after that you have to be here a long time before you can call England home. Priya will be looked after well though without her. Her husband s mother will take care of her as she lives in the same household. She is a good woman who raised seven children of her own, I m sure she ll only do what s good for Priya. As I said, her case is coming up for a hearing soon. Please do anything you can to help Sylvia with her appeal. This country has provided so well for my son and I, and I only want to share these benefits with my daughter and her young family. Yours sincerely Mrs Charulata Mohabir L1 - Drafting Assessment Page 44

44 DOCUMENT 8 GOVERNMENT OF INDIA Certificate of Birth NAME OF CHILD SYLVIA MOHABIR SEX F DATE OF PLACE OF SIR GANGA RAM BIRTH BIRTH HOSPITAL NAME OF FATHER OCCUPATION VIJAY MOHABIR PLACE OF BIRTH DOCTOR MADURAI, INDIA NAME OF MOTHER OCCUPATION CHARULATA MOHABIR PLACE OF BIRTH HOUSEWIFE DELHI, INDIA NAME OF INFORMANT SIGNATURE OF CERTIFICATION DR MOKSHA DHORI, SIR GANGA RAM HOSPITAL DATE OF REGISTRATION L1 - Drafting Assessment Page 45

45 DOCUMENT 9 Extracts from IDI Version INTENTIONS Intention to Leave The Immigration Rules allow for students who successfully complete UK degree level courses to switch to work permit employment in-country after they complete their course. Applications to switch to work permit employment will normally be accepted where students: Have completed a recognised UK degree course at either a UK publicly funded further or higher education institution, or a bona fide private education institution which maintains satisfactory records of enrolment and attendance, and; Hold a valid work permit for employment, and; if sponsored by their government or international scholarship agency, have the latter s written consent; and Does not have an adverse immigration history. If the ECO or IO is satisfied that an applicant intends, and is able, to follow a chosen degree level course, it should be assumed that there is a reasonable prospect of success in their studies and consequent eligibility for employment. In such cases the intention to leave requirements should be disregarded, and considerations should concentrate on the other aspects of the Rules, with particular emphasis on the applicant s ability and intention to follow the course of study. The same considerations should apply to those applicants who are applying for degree courses, which are conditional on successful completion of a foundation, or English language course. The applicant must already have a conditional offer for a place on the degree course. This does not apply to students whose course does not lead to a UK degree. L1 - Drafting Assessment Page 46

46 DOCUMENT 10 Part 3: Persons seeking to enter or remain in the United Kingdom for studies STUDENTS Requirements for leave to enter as a student 57. The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he: (i) Has been accepted for a course of study which is to be provided by an organisation which is included on the Department for Education and Skills' Register of Education and Training Providers, and is at either; (a) (b) (c) A publicly funded institution of further or higher education; or A bona fide private education institution which maintains satisfactory records of enrolment and attendance; or An independent fee paying school outside the maintained sector; and (ii) Is able and intends to follow either: (a) (b) (c) A recognised full time degree course at a publicly funded institution of further or higher education; or A weekday full time course involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject, or directly related subjects; or A full time course of study at an independent fee paying school; and (iii) (iv) (v) (vi) If under the age of 16 years is enrolled at an independent fee paying school on a full time course of studies which meets the requirements of the Education Act 1944; and Intends to leave the United Kingdom at the end of his studies; and Does not intend to engage in business or to take employment, except part time or vacation work undertaken with the consent of the Secretary of State for Employment; and Is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking L1 - Drafting Assessment Page 47