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High Court Says British Rules On Pakistan Asylum Cases
LONDON (News Agencies) - Britain's High Court ruled Friday that the government had been "plainly wrong" in designating Pakistan a "safe country" to which asylum seekers could be returned without risk of persecution.
Justice Turner said the decision in 1996 to put Pakistan on a so-called White List of safe countries "can only have been reached on an erroneous view of the facts or of the law, or both."
He said the ruling had been "plainly wrong".
A Home Office spokeswoman said the current government no longer recognizes the White List, deciding each case on an individual basis
Turner's ruling came in the case of three men who had all claimed asylum in Britain on the basis they had been tortured in Pakistan and faced the risk of further persecution if sent back.
Designation on the White List meant a special fast-track appeals procedure could be applied to people who had unsuccessfully claimed asylum, on the basis they could be repatriated without their lives being put at risk.
The designation was still in place when Asif Javed, Zulifiqar Ali and Abid Ali appealed in 1999 against rejection of their asylum bids.
Home Secretary Jack Straw argued that they should be fast-tracked, but the High Court's decision Friday now means they can appeal in the usual way, which is generally much slower and can take years.
The ruling may affect other asylum claims still to come before court.
Zena Writer, from the solicitors Bhogal Lal who represented the three men, welcomed the ruling, which she said was "due to the poor human rights record Pakistan has in relation to women, the Ahmadi community, Christians and other minority groups."
Human rights group Amnesty International also reacted, saying the decision to add Pakistan to the list in 1996 had been based on "political expediency," even though torture was still widespread in the country.
All three men said they had been persecuted in Pakistan.
Asif Javed, a member of the Ahmadi community, claimed he had been attacked and harassed because of his faith.
Abid Ali, who belonged to a militant organization championing the cause of Sunni Muslims, said he had been beaten up several times in Pakistani jails.
Zulfiqar Ali said he belonged to an opposition movement and became a target for persecution under the government of former premier Nawaz Sharif, who was deposed in October 1999 and has since gone into exile.
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