Asylum seeker family's High Court battle
LAWYERS have launched a judicial review in a bid keep a failed asylum seeker and his family in the country.
Fred Nukagem, his wife Sandra Yonga Mbell and their three children were due to be deported to Cameroon yesterday morning after being detained for the second time in two months.
But on Friday they were told that they would not be deported after Mr Nukagem's lawyers lodged a judicial review application with the UK Border Agency (UKBA).
The family are still being held at a detention centre, but hope that the High Court will rule that yesterday's attempt to remove the family was unlawful and contrary to Home Office policy to administer anti-malarial drugs to children prior to boarding the plane.
Mr Nukagem, of Port Street, Middleport, said: "It is a nightmare that I am going through at the moment. I don't know why I was arrested the second time, but I strongly believe the review will be successful."
The 37-year-old and his family were first taken to Yarl's Wood Immigration Removal Centre, in Bedfordshire, when police and UKBA officials attended their Middleport home in late September.
They were due to be deported before a late challenge by lawyers saw the action cancelled due to two-year-old twins Grace and Josepha, and five-month-old Julie Sandra, not having had anti-malarial drugs. An appeal was being planned when officials detained them again on Wednesday with the aim of sending them back to Cameroon.
The UKBA documents state that both failed to leave the UK when ordered and would be held at Yarl's Wood as they were likely to abscond if released.
The Government agency added that 29-year-old Mrs Nukagem had failed to produce satisfactory evidence of either her identity or right to remain in the UK, as well as attempting to deceive the authorities.
Official papers state that checks on the family's address repeatedly suggested that there was no-one living there.
But the family say they are legitimate asylum seekers who will be killed if they return to their homeland because of connections with political groups opposing the country's Government.
Yesterday's planned deportation was put on hold again following disagreement between lawyers and UKBA officials over the correct administration of anti-malarial drugs.
Lawyers argue that treatment must start two to three weeks before removal. But UKBA says that doctors at Yarl's Wood have confirmed that the drug needs to be administered only a day or two before entering a malaria endemic area.
Medics at the detention centre have also confirmed that the family are fit to fly, the UKBA states, as well as pointing out that the agency is under no obligation to repeatedly offer drugs.
The deportation has now been delayed pending a ruling by the High Court.









17 Comments
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by americaine, usa
Wednesday, November 12 2008, 12:13PM
“iam sorry for the brits who are complaining.the detention centres are private bussines, ask yourself, who are the share holders?its crazy when a government say you are not allow to work but you can claim”
by South Stoke, South Stoke
Wednesday, November 12 2008, 7:13AM
“It's always the same . No I'm not talking about sending immigrants back home , I'm talking about our Legal people jumping onto an opportunity to make big money from the Legal Aid scheme. They'll love this one . Travelling down to Yarls Wood , nice lunch and they will hope to keep this one going for a month a two. They'll argue at £300.00 per hour thay can't send the mother home yet because it's her time of the month.”
by jason, Macclesfield
Tuesday, November 11 2008, 6:52PM
“I was made compulsory redundant 4 weeks ago, I have paid Tax and NI for nearly 24 years. I was told that because I was self employed for tax years 2005 & 2006 and my partner has savings (which the government encouraged) I can not claim Job seekers allowance, so I have to live of the charity given my girl friend .
Can some please explain to me after paying thousands of pounds into ¿Gordon¿s Big Purse ¿ how someone from outside the UK can come here ILLEGALLY and claim god Knows what benefits, who has never paid a single penny into the system?”
by stig, the dump
Tuesday, November 11 2008, 6:32PM
“its about time this government got its act together and kicked out illegal immigrants they cost this country millions and joe bloggs tax payer foots the bill , kick them all out”
by John Lowe, Wolstanton
Tuesday, November 11 2008, 5:33PM
“Would someone please arrange asap for this family to be sent back home.We have more urgent things to deal with in this country like getting out of the EU so we can spend our money on our people.”
by Ivan K., Hanley
Tuesday, November 11 2008, 4:02PM
“It's good that the children will receive all the necessary health jabs before leaving the UK, but Mr Nukagem has constantly tried to outwit the UK authorities, even illegally sneaking in his wife. While I have some sympathy for him wanting a better life, nevertheless I consider him to be a typical economic migrant. Thus, he should be deported as soon as practicable, along with tens of thousands others who are here for similar reasons.
Fact is, Cameroon is not known for executing people without exceptional reasons, for eg., those who are serious criminals or terrorists. Presumably Mr Nukagem is neither. - However, had Mr Nukagem originated from Zimbabwe or Afghanistan, I might feel quite differently about this.
PS: on one level, I personally don't give a hoot if the Nukagem's family stays, but being objective, I think he (& others similar) should be deported for the long-term good of the UK... either that or else people shouldn't be too surprised if extremism here continues to rise. Sadly, that's the harsh choice we now face & those being being emotive about such issues are simply avoiding political (& economic) reality.”
by jason, dagenham
Tuesday, November 11 2008, 3:20PM
“and who is going to be paying the bill for keeping these and other imigrents in detention centres..???, that tax payer, who pays there benifit, the tax payers, I DONT WANT MY TAX TO PAY ANYTHING towards there upkeep or any other imigrint in theis country...GET RID OF THEM ALL...NOW”
by stephen, fenton
Tuesday, November 11 2008, 3:05PM
“Amy..they come here to sponge off us..then why did they leave Holland there first country of entry?? they have lied and deceived to obtain benefits from our hard earned taxes..They should have thought about children before they started having them.”
by Jason, macclesfield
Tuesday, November 11 2008, 2:03PM
“Send them back , do it now !”
by Amy, Newcastle under Lyme
Tuesday, November 11 2008, 1:55PM
“This whole process will be causing the family and them poor children alot of stress. Also the process will be costing the tax payer lots too. But this should not have got that far, when his student visa ran out he should have left, and something should have been in place to prevent an entire family from living here, from the start, as now it would be cruel to send them back.
jason, its not their fault there has been job losses, and there is loads of housing in this country, just not loads of social housing anymore, the fat cats have messed up this place, and we need to sort it,
but you can't just wash your hands of these people, as we are in a credit crisis, where they are from doesn't even compare.
we needed to be harsher on them before there was children in the equation, they must be petrified.
This is a tough one, They don't come here to sponge off us, that makes me angry, they come to try and get a better life for their family and I don't blame them for that as if I were born somewhere like that I probably would risk doing the same.”