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AIBU?

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Original poster

To wonder how Theresa May can sleep at night - young girl being deported on Mother's Day

275 replies

NadiaWadia · 29/03/2014 13:35

www.change.org/en-GB/petitions/the-rt-hon-theresa-may-mp-home-secretary-fightforyashika-stop-this-sixth-form-student-being-deported-alone-she-deserves-a-future

Yashika Bageerathi, an A-level student of 18 or 19, fled Mauritius with her family due to life threatening domestic violence, seeking asylum in the UK. She is very well thought of by both staff and students at the school and was just about to finish her A-levels. She has been taken alone to a detention centre and will be sent back to Mauritius, alone, tomorrow. Apparently she has nobody in Mauritius. Theresa May apparently feels it would be 'inappropriate' for her to 'interfere' in this.

British Airways refused to take part in this, good for them. So now the government are sending her back via Air Mauritius. Change.org are now asking people to email the Chief Executive of Air Mauritius, Andre Viljoen at [email protected] asking him urgently to do the same. Worth a try don't you think?

Personally I find the actions of the government sickening and inhumane. This poor girl (and her family). Sounds like she would have been an asset to the UK.

OP posts:
Viviennemary · 30/03/2014 11:55

I'm afraid I totally disagree. It makes a mockery of all the people who go through the proper channels to enter the country who want a better life for themselves and their families. The courts have decided she doesn't qualify for asylum and that should be an end of the matter.

Trazzletoes · 30/03/2014 12:07

Well, thankfully the Refugee Convention doesn't agree with you.

Yes, economic migrants should not benefit. I don't know enough of her story to know whether or not Judges found her credible but if they did... Honestly, you don't seem to have any idea of things that refugees go through before they feel they can't take it any longer.

Can I suggest you visit your local Immigration tribunal for a day? Yes there will be crappy, ridiculous, baseless asylum claims but also no doubt some horrifying accounts of rape, torture, murder. Sometimes lying on a visit visa application is the only way out. Many people don't want to travel illegally, or take the risk of being caught at the border so they come on a visit visa and then claim asylum. It's actually perfectly reasonable.

Trazzletoes · 30/03/2014 12:08

And yes I am fully on the side that she should be removed, and as quickly as possible. But really none of us know the full facts of what she may have gone through.

shakethetree · 30/03/2014 12:11

YABU

Agree with nomama.

Winglet · 30/03/2014 12:13

I agree with Nomama too. There are rules for a reason.

Nomama · 30/03/2014 12:27

Trazzletoes thanks for offering all that information. It has been really helpful. Hopefully people on both sides of this argument will be able to use much of what you have pointed out in the law, individual circumstances and the reality of some situations.

Abbierhodes · 30/03/2014 12:45

I think this is a terribly sad case, and I can see why the OP wants to support the girl. However, we do not have the resources to support everyone in difficulty, which is why there is a criteria that needs to be met when seeking asylum.
If this girl does not meet this criteria, then she must be removed. It is unfortunate, though, that she is to go home alone when she is so young. Her mother is free to go with her though, isn't she?

I also question the logic of her being accepting her into the British education system to study for A levels and then removed a few weeks before the exams- a waste of public money surely? (Her exam entries will have been paid for by the school by now too, it will actually cost them more to withdraw her.)

Sometimes there is just no right answer. I'm sure if any of us knew her personally we'd want her to stay, but the rules are there for a reason.

MyDHhasnomemory · 30/03/2014 12:49

BBC news now reporting deportation delayed. High Court applied to for intervention.

Sallyingforth · 30/03/2014 12:51

You may be quite certain that if she was allowed to stay here, her family will insist they must stay here to be with her.

Well that works in the opposite direction too. There is no need for her to go back home on her own because they are free to return with her.

caruthers · 30/03/2014 12:55

It's been reported that all 4 of her family face deportation.

If it's applicable they should deport her with her family and not on her own.

It's a sad case but the rules have to be adhered to or what's the point in having rules?

unlucky83 · 30/03/2014 13:18

People saying she should be allowed to finish studies - surely she shouldn't be allowed to start them in the first place? Knowing that she was here illegally...
And if the reports are true that her mother came on her own first -who looked after the children? And why can't they look after her when she goes back? And if there is no one - the mother (who is also going to be deported) should have volunteered to go too - I read it takes time but knowing this was on the cards for the last few months there would have been enough time...
It is sad, but we are a small country. We can't take everyone...
An argument I have with my DP - he says you can't blame economic migrants for wanting to come here ...I agree but take the view if you have the get up and go and wherewithal to get here, you are the kind of person that less advantaged countries could do with staying around - hopefully to help imporve things and so they will be less disadvantaged in the future...

Trazzletoes · 30/03/2014 13:25

unlucky you can't punish people who have an ongoing asylum claim by refusing them access to an education - it can take years (again - back to the dark days of asylum decisions again now) to get a decision on an application. Until a decision has been made, you can't pick who is and isn't worthy. Plus it's a legal requirement to be in school between certain ages regardless of your immigration status ( disclaimer: no idea what the legal ages were when she claimed or how old she actually was at the time)

wobblyweebles · 30/03/2014 13:42

I opened this thread thinking a 'young girl' meant someone maybe 10 or under.

19 is not a 'young girl' but a 'young woman'.

MooncupMadness · 30/03/2014 15:01

This reply has been deleted

Message withdrawn at poster's request.

marcopront · 30/03/2014 15:12

Can anybody who has signed the petition answer these three questions?

If she has nobody in Mauritius, who looked after her for the two years between her Mum coming to the UK and her coming?

if the domestic violence was so bad, why did her Mum leave her behind?

If her Mum is so worried about her going back on her own and considering Mum will also be deported soon, why don't Mum offer to go with her?

cheekyfunkymonkey · 30/03/2014 15:28

Sorry op but dc is not a reason for asylum and govt of Mauritius is more than capable of looking out for their own. If they don't deport now then the danger is she develops more of a personal life and this will make deportation harder on her. It is also unfair on those genuine asylum seekers who need our support/ college places and who have a real reason to become citizens eventually. Yes it's sad but her family are trying to stay when they have no legal basis to do so, and the Govt are just doing their job properly.

marcopront · 30/03/2014 15:31

Sorry why doesn't Mum not why don't Mum.

Trazzletoes · 30/03/2014 15:56

I'm not even going to bother typing it for the, what, 3rd? 4th time?

Please, before spouting off what does or does not warrant a grant of Refugee Status, look at the 5 Convention reasons and research what can constitute membership of a particular social group.

Thanks.

Trazzletoes · 30/03/2014 15:57

And when it doesn't come under MPSG, it can still be covered by a grant of Humanitarian Protection due to breach of article 3 ECHR.

candycoatedwaterdrops · 30/03/2014 16:06

Trazzles Why can't they assess the family's claim together, so at least she is not on her own?

cheekyfunkymonkey · 30/03/2014 16:15

Trazletoes I am sure Article 3 has already been covered (and dismissed) by the courts as standard. The threshold is very high, not usually breached in cases of dv and even if it was the authorities in Mauritius should be more than capable of protecting her when she gets back. We shouldn't speculate as to details of her claim but trust the experts. If this latest reprieve is successful then she should stay but if not then she should go quickly.

SuburbanRhonda · 30/03/2014 16:22

mooncup, what makes you think the OP isn't also campaigning to support the causes you list in your post?

You are allowed to campaign on more than one issue. You don't have to worry about using up your goes Confused

Nomama · 30/03/2014 16:23

Yes, cheekyfunymonkey, Article 3 was dismissed, but her legal team are looking at Article 8
www.mauritiusnews.co.uk/2014/03/24/yashika-bageerathi-may-saved-deportation/

Trazzle is still trying to clarify some of the questions others (including myself) have had, as we don't know this stuff and she(?) does. I am surprised she still is as she is now re-repeating herself, patiently Smile

Trazzletoes · 30/03/2014 17:07

monkey I would imagine article 3 has been covered in this case, and dismissed. I'm responding (repeatedly) to the blanket "you can't get asylum for DV" which has been stated many times.

Yes, not in THIS case, but it is possible depending on the facts. I've won asylum cases on that basis before.

Yes I'm a woman Grin and an Immigration law solicitor. Asylum applications are my bread and butter.

Trazzletoes · 30/03/2014 17:11

candycoated it's just standard practice to consider as one claim (unless they ask to be considered separately) spouses and minor children. Adult children are adults and so considered separately.

If a mother gets asylum she can apply for visas for her minor children and spouse so if they are here then they may as well consider them all under the same heading. Adult children wouldn't qualify for family reunion though. Human rights decisions have held that there's no general principle that adult children should have to be allowed to live in the same country as their parents.

They'll have looked at both cases in tandem usually but can make different decisions although cleRly not in this case.

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