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

[NadiaWadia]

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.

I understand the principle of why adult children are considered separately but at the same time I can imagine how utterly traumatic that must be for a family where the adult is barely out of childhood and still pretty much dependant on their parents. My daughter is 20 and there's no way she'd cope if the authorities here said she had to go back to the UK alone, even with family to return to. She still needs her parents.

It is difficult. Very difficult on many families but a line has to be drawn somewhere. Administratively it's much easier and cheaper to have a hard and fast rule relating to a specific day rather than having to look at every case in detail and make a decision on the individual facts.

I see that reports now are saying she came here in 2011 with her mother and siblings and are omitting the fact her mother came here on her own in 2009.

Would you leave children behind and travel such a distance if you were fleeing domestic violence?

I understand the principle of why adult children are considered separately but at the same time I can imagine how utterly traumatic that must be for a family where the adult is barely out of childhood and still pretty much dependant on their parents. My daughter is 20 and there's no way she'd cope if the authorities here said she had to go back to the UK alone, even with family to return to. She still needs her parents.

Indeed - but what is stopping her parents from going back with her?

There is so much that doesn't ring true at all about this woman's case.

No way will I be signing.

Indeed - but what is stopping her parents from going back with her?

That's the big question. Is it fear or is it selfishness?

Don't know enough about Mauritius or her case (the petition is vague) to form an opinion on her eventual deportation.

However, I think she should be given leave to remain until her A Levels are over.

Hi Trazzletoes, thanks for the clarification about DV being (in some cases) a valid reason for claiming asylum. It's great to hear from an expert. The latest news seems to be that Mauritius Air have decided not to board YB - what would happen if no carrier could be persuaded to actually remove an individual whose claim for asylum hadn't been successful? Could they end up at a detention centre indefinitely?

You can only be detained where there is a realistic prospect for removal so no, she ought not to remain in detention if she can't be removed.

She'd be in a horrible limbo - here illegally with no access to anything (housing, work, benefits...) and yet unable to leave. Likely to either end up sofa surfing or applying to return home - there's a scheme currently run by Refugee Action I think for voluntary returns. Her mum will remain fed and housed due to having a minor child but her daughter won't necessarily be allowed to live there too. I have to admit to not being exactly sure - it may be she will be allowed to live there but I'd think it was unlikely as they would have 2 separate NASS claims too.

But even still she wouldn't be able to "do" anything beyond finish her a-levels.

I think she would be allowed to live in NASS accommodation with her mum but required to report regularly to the Home Office until her case is resolved one way or another.

I think permission to finish her A levels can be granted on an exceptional basis , though that doesn't guarantee she won't be deported before taking all her exams if a flight can be arranged.

Having seen a photo of this young woman she actually looks considerably older than 18 I find the whole thing very suspicious.

We can campaign about more than one issue you know ..

My little old female brain can just about cope with worrying about and trying to fundraise for Syrian children's initiatives, an orphanage in South Africa, abused donkey in the Middle East, the decline of broadleaf forest in the UK, everyday sexism, the supply of sanitary protection in the developing world.....

These are just some of the charities and campaigns that receive the time of my Husband and myself.

Multi tasking hand wringing going on here.

Wow. So many people judging here who seem to have no idea about refugees. FYI I have seen cases where:

DV was considered as an acceptable basis for asylum where the.woman came from a small, corrupt country and the husband was high up in the police.

Young mother applied for asylum, initial decision on her application took 9 years. Yes, her children attended school in the meantime.

AFAIK the UK would not consider applications for asylum from other EU countries

I know of a mother who had to flee and leave her children behind due to DV. Her life was in danger; her children's weren't. The courts didn't believe her and it has taken her years to get custody back and have husband prosecuted. Husband v well considered in society. All this in a 1st world country.

The easiest route to a safe country can be by plane. Some refugees, esp illiterate unaccompanied minors, might not even know where they're going.

Some revolting posts here tonight, i can only hope i will never find myself in such vulnerable situations at the mercy of others.

Not all women can even take the children out of the country. Many societies make it hard, even impossible to take the children without explicit paternal consent.

There are plenty of cases over here where women flee the home leaving the children behind because the children are deemed less at risk. They think they can collect them later.

No you can't claim asylum from within the EU. They are deemed to be safe countries with a fully operational and accountable Police service and government.

Sorry, actually what happens is you can claim asylum from any country and the Home Office is obliged to consider it, but if you are from certain countries (including the EU) then it can automatically be refused as being "clearly unfounded " ie. so ridiculous that it's not going to succeed. You only then have a right of appeal once you've left the country . The only way to challenge in-country is by Judicial Review.

Cases can also be certified as clearly unfounded regardless of country just because the Home Office doesn't think there's any chance of them being successful. They are often wrong to do so and the applicants end up with asylum having had their cases properly considered later.

The family have exhausted every single avenue of appeal. Our justice system is very comprehensive and fair in cases like this. I think the mother should do the decent thing and return with her daughter.

However, the greatest sadness is that yashika probably had little choice when she was brought over here by her mother, and she is now 2 months away from completing her A levels. She should be allowed to stay and finish them at the very least. Her mother will have been aware after the failing of every appeal that there was a high chance of them returning. I feel very very sorry for this family. But I do feel that we have to adhere to the rules of asylum to ensure that genuine asylum seekers are protected. Whilst yashikas family also have a strong case it sim

Simply did not meet the criteria laid down by our courts. Sorry posted too soon.

The problem for the people campaigning for her to be allowed to finish her a levels is that the government wants to be able to deport people add soon as they are found to not have a case for asylum. Have you considered what that will mean for future asylum seekers' access to state-funded education?

Currently we offer education so there isn't a gap of years in children's education and in case they stay. If being in the middle of a school year (a level exams don't finish for three months yet) becomes a reason to delay deporting someone would the government change the rules about education provision?

Don't win the battle to lose the war...

Seriously? Have you seen many 18-year olds lately? Some look younger, some older. The fact that you think she looks older is not significant, not least from a legal POV. As we've been told here, Mauritius is not a poor 3rd World country so presumably they have passports & birth certificates. Anyway if they were really scamming it by claiming she's younger than she is they'd claim she was still under 18.
I'd say at least let her finish her exams & allow her to wait until her family are going home.

MissYamabuki We (the UK) just do not have the capacity to accept every individual who seeks asylum. It's sad but there are more genuine cases that turned away so why should she be the exception?

alsmutho thing is she has been here 3 yrs and maybe they thought they would have asylum by now - so she could have 18 when she came and they claimed she was 15...but agree not really relevant to this case...
The lying about age thing I believe happens though...
I used to work at an inner city primary years ago. There was one boy who at 10-11 yo was physically mature...he looked at least 13-14yo. I mentioned it to the class teacher and she said he had always been more physically advanced than the rest of the class. He came to this country at '5 yo' but physically he was more like an 8 yo. Apparently they had seen similar from the others with a similar cultural background. Whereas another background they had had children who were obviously younger than their supposed age. One parent in that group had admitted they had lied - they wanted them to be finished with school earlier.

Actually my DPs dad was an immigrant to another European country (50 yrs ago) - as an adult and he lied about his age - don't know why and no longer with us so can't ask - I think he said he was younger than he was...

I have no personal opinion about this case and based on the scant information available I am happy with the courts decision. My post was merely pointing out that some of the reasons people are brandishing here are not really that clear-cut or always valid.

BTW I think 3rd world countries tend to bear the brunt of refugee numbers, ie Pakistan (for Afganistan), Jordan(for Syria and Palestine) etc, also Norway and Sweden take more refugees than other comparable countries. I always thought that the UK doesn't take a disproportionately high number of refugees - it's more that people tend to mix them up with economic migrants. Maybe someone can quote statistics / actual numbers?