QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
(Sitting as a High Court Judge)
|THE QUEEN ON THE APPLICATION OF MUSTAFA JAMSHIDI||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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Mr Neil Sheldon (instructed by Treasury Solicitor) appeared on behalf of the Defendant
Crown Copyright ©
SIR GEORGE NEWMAN:
"It is in your own best interests to supply original or certified copies of documents proving your identity and nationality, for example a birth certificate. This may help to speed up the travel documentation process and may reduce the length of time you may have to remain in detention, pending removal."
"It may be helpful if you could contact your brother or any relatives in Iran in order to obtain these documents."
"Documentary evidence of his nationality is to be pursued as this is the only barrier to the travel document being issued. It is thought that these documents (birth certificate or similar) or certified copies can be obtained from the Iranian authorities.
Once this issue is resolved removal directions can be set."
"I contacted Colnbrook IRC on 28 August 2007 and requested that someone speak to the subject regarding the letters that I had sent to him previously. They informed me that subject was not co-operating as he was not willing to do things that I had explained on the letter dated 17 July 2007.
On 8 September 2007 Rob Kirk ... interviewed subject regarding the different alternatives that could assist him in obtaining documentary proof, however the subject was not willing to comply. On 19 September 2007 I spoke to Heather Lewis about this case and asked her whether or not it was worth serving the IS 35 and pursuing prosecution. However she informed me that due to it being difficult to remove Iranians, their[sic] would be no point. She advised that I arrange for an [immigration officer] to speak to the subject again ... to see if he changes his mind and could threaten the IS 35."
Well, maybe the progress which was thereafter made had some impact, because on 14 October the next report records that he was interested in the facilitated return scheme, but the fact remained that in November 2007 he had still not provided documentation to the Iranian authorities, and there was nothing by way of an explanation at that date as to why the documentation had not been forthcoming through the agency of either relatives in Iran or his brother in London. Last, the preparedness to participate in the FRS scheme was really of little import.
"On 14 November 2007 [the claimant] informed staff ... that he had arranged for his family to obtain his birth certificate for submission to the Iranian Embassy. This has not yet been received. Advice from RGDU suggests that birth certificates can be easily obtained from the Iranian authorities in Tehran."
On 14 November, that is what the record shows he said.
"We believe there may be some dispute as to whether he has taken all reasonable steps regarding the Home Office's suggestion to obtain a birth certificate via his family, but even if the Home Office will not accept he has given his full co-operation to date, whilst this is relevant to what length of time for his detention may be reasonable, it does not justify indefinite detention."
These are one of a number of salvos which were being made by the solicitors, which of course ultimately led to these proceedings being launched in January 2008.
"He also said that he has been in touch with relatives in Iran who are arranging to have his birth certificate sent to him. Once this has been received, we can submit a request for a travel document to the Iranian authorities. This proof of identity together with a willingness to return to Iran means that there is every reason to believe that a travel document can be issued within a reasonable timescale."
"Mr Jamshidi has been in touch with his mother in Iran, and requested not that she send him his birth certificate, but that she makes an effort to see if it is possible to get him a new birth certificate, as he does not currently have one. We believe this is an important distinction, and it is far from clear to us either that his mother will be able to produce such a birth certificate, or if she is what the time scale for doing so is likely to be. Secondly whilst it is true he has asked his mother to do so, we are not aware of whether she is in fact doing so or not. Again this is an important distinction. Given the belief of Mr Jamshidi's family that his life will be in danger if he is to be returned to Iran, it is quite possible that his mother will in fact not assist with the removal regardless of her son's instructions to do so. At this point, we simply do not know."
"... but it is our understanding they are not prepared to offer this assistance. [They] remain of the belief that his life is in danger were he to return to Iran, and so are not prepared to help with his repatriation."
"In November 2007 the claimant requested that his brother visit the Iranian Embassy in London in order to try and arrange a new birth certificate and that he contact his mother in Iran with regard to the same. On 22 November 2007 I spoke to the claimant's brother, who confirmed that neither he nor the claimant's mother were prepared to assist with this. On 23 November 2007 we notified the Home Office of this, and once again advised that we believed detention to be unlawful and that we would now look at initiating proceedings in this."