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Judgement reserved in Pak Student Case
5 Pak Student(s) deportation appeal Case on ‘national security’ after 3 weeks trial will have a decision in 4 weeks
SIAC(Special immigration appeal commission) at field house, Breams buildings, London consisting of the honourable Mr justice Matting, senior immigration judge Warr, Mr Daly CBE, in hearing the appeals of Abid Naseer (XC), Ahmed khan (UF), Shoaib khan (TG), Abdul khan (SH), Tariq ur Rehman (RI). The secretary of state for the home department is represented by Barrister(s) Mr Robin Tom QC, Mr A. O'connor and Mr S. Grey (instructed by the treasury solicitor) and Attorney General has appointed Barristers Mr C Corey-Wright QC and Mr k Beal to appear as special advocates for Abid Naseer in closed sessions of the proceedings and Barrister Mr J Bennathan QC and Ms Stephanie Harrison (instructed by Birnberg pierce) are appearing on behalf of (xc) Abid Naseer in open sessions. Barristers Mr A Mccullough and Mr Z Ahmad are appearing on behalf of (UF) Ahmed Faraz Khan (in closed session) and Barrister Lady Helena Kennedy QC and Mr E Grieves (instructed by Tyndalwoods solicitors appeared on behalf of (UF) Ahmed Faraz Khan (open). Barristers Ms C Mc Gahey and Mr B Rawat are appearing as special advocate for TG, SH, RI (shoaib, wahab and tariq) and Solicitor-Advocate Mr Amjad Malik are appearing as instructed by Amjad Malik sol) on behalf of (tg, sh, ri) shoaib, Wahab and Tariq ur Rehman).
Out of 12, 10 Pakistani national students (currently 2 in UK and 8 in Pakistan were arrested and considred a threat to national security of the Great Britain. 5 are appealing to clear their names, to remian or to come to continue their studies. They are being deported on grounds of posing threat to national security of UK as being concerned in islamists extremist activities and for the reason that they were investigated under terrorism Act 2000 since 8 april 2009. Though no charges were brought under criminal proceedings and on 21 April, they were released from criminal invetigation to UK Border Agency by Greater Manchester Police for lack of evidence. Rather than releasing them, they were handed over to Border Agency who initiated immigration deportation proceedings. There were reports that their arrests came into being due to a ‘leak document’ of operation and or a tip off from pakistan, the allegation which were vehemently denied by the Pak Govt.Gordon Brown claimed to have foiled a plot of international terrorists on the eve of 8 April 2009, and media highlighted them as a Group of big terrorists. Pakistani high ups contested those claims, but refused to give any assurances and in fact, vowed to investigate if any wrong doing at British level is proved and or brought to surface.
On 21 April 2009, The Secretary of State deemed it to be conducive to the public good to make a deportation order against the above named. SSHD decided to make an order against them (our clients) by virtue of Section 3(5)a of the Immigration Act 1971. 3 are Appealing on the grounds that: That appellants are racially discriminated being Pakistani nationals and being Muslims; and That it would be against appellant’s rights under ECHR for UK to remove or deport the appellant from the United Kingdom because of that decision under the European Convention on Human Rights 1950 (Art.3,5,6, 8,9,10,14); Total 10 pakistani students werearrested on 8 April 2009.Traiq ur Rehman left for Pakistan in June 2009 withdrawing his appeals, upon first refusal of bail in May 2009. 2 other detainees Janas khan and Sultan Sher were released on 17 July 2009 where home secretary withdrew their intention to deportat oredrs. They left for Pakistan too after their visas were curtailed and they exhausted all avenues. Abdul Wahab Khan and Shoaib khan also left volunatrily but were issued curtailment of visas and exclusion order(s) on national security grounds ON 18 December 2009, which they are appealing. Umar Farooq, Rizwan Sharif, Mohammed Ramzan also left for Pakistan voluntarily between sept-dec 2009 withdrawing tehir appeals. Abid Naseer & Ahmed faraz Khan are in detention since 8 April 2009 fighting to clear their names. Ahmed Faraz khan was released on bail in March 2010 with conditions. Special Immigration Appeals Commission is a specialist tribunal adjudicating appeals where a person is considered to be a threat to national security. Most of the proceedings are conducted in camera for which Attorney General of UK has appointed Barristers Cory Wright QC, Mr A Mccullough and Catherine McGahey are appearing as Special Advocates to protect the interest of the accused in secret session where all the secret evidence is presented and analysed. Appellants are are being deported on grounds of posing threat to national security of UK as being concerned in ‘islamic extremist activities’ and for the reason that they were investigated under terrorism Act 2000 since 8 april 2009. Though no charges were brought under criminal proceedings and on 21 April, they were released from criminal invetigation to UK Border Agency who initiated immigration deportation proceedings.
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The three week hearing of five Pakistani students who have filed cases before a British immigration specialist court against their deportation has begun with a UK intelligence officer claiming that the group planned to strike just before their arrest in north west England last year between 15-20 April 2010. The case is before the Special Immigration Appeals Commission headed by Justice Matting who is hearing appeals by Abid Naseer, Ahmed Faraz Khan, Abdul Wahab Khan, Shoaib Khan and Tariq-ur-Rehman. They were among 10 Pakistani students who were taken into custody on April 8, 2009 on the grounds of posing as a threat to the UK national security as Islamic extremists. As no charges were brought against them, they were released on April 21 by the Greater Manchester Police but then handed over to the UK Border Agency who then initiated deportation proceedings. Abid Naseer and Ahmed Faraz Khan are appealing against deportation to Pakistan while Shoaib, Wahab and Tariq who returned to Pakistan voluntarily are appealing against their visa cancellations and exclusion orders on national security grounds.
1st week of the Appeal Trial:
On first day witness ZR gave evidence outlining ‘National Security’# case of the Govt. The intelligence officer, identified only as ‘ZR’, told the three-member panel Monday that the group had been planning to stage an attack in April last year, but were seized in raids in Manchester and Liverpool. Sitting behind the curtain, he told the hearing that Naseer exchanged coded emails with an overseas contact ‘Suhaib’ using email sana _pakhtana while planning the alleged attack adding the pair used girls’ names to cover their moves. Representing Naseer, Barrister Joel Bennathan said his client and Suhaib used women’s names on websites because as Muslim men this was the only way they could access certain sites. In his cross examination, he also asked why the students could be considered as terrorists when no explosives were found in his clients home, cars or elsewhere. He argued that as the subject of two of the emails was “Suhaib”, it showed they had nothing to hide.The British security services claimed that Naseer was receiving advice via email on how to make a device.
Barrister Kennedy whilst cross examining said that witness is not aware how student community live in UK and that Ahmed Faraz khan is an industrious student who came to study.
Amjad Malik whilst cross examining witness (ZR) on day 2 after lunch asked that why there is huge gap between the statements of both premiers UK and Pak. One claims to have foiled a big plot whilst other declare the students innocent. He asked that why this whole operation may not be called a ‘hoax’ as is described by one of the ambassadors and why security agencies are making it a matter of honour when half picture ends in Pakistan and both countries have strong ‘intelligence cooperation’. Witness refused to comment in open court and stressed that there was attack planning and Abid Naseer was discussing a possible attack in UK on behalf of Al-Qaeda. On day 3, Abid Naseer gave evidence in court and confirmed that there was a girl and there was talk of marriage in fact a match was asked from the family in London for ms. (Y). He denied upon being asked whether he is a terrorist and he said that emails exchanges are just a normal email exchanges with an internet friend who he has acquainted with during over 8 hours web browsing. He denied of any wrong doing. On day 4 Witness (y) the intended of Abid Naseer confirmed to court that she was in contact through internet, phone, MSN, with bid Naseer and there was talk of marriage as well as Abid’s family visted her house for the possible marriage. In the afternoon Ahmed Faraz Khan gave evidence and upon a question told the court that his mother sold her land to enable him to study and his fees are 5 years of the salary of his father and he knew his responsibilities. When he was asked why is he in this court, he replied because he is a Muslim and a Pakistan as he could not think of any other reasons and as he belongs to the area where ‘war on terror’ is in operation that could the reason of his arrest. |
2nd week of the Appeal Trial:
In Week 2 (Shoaib, Wahab and Tariq) 3 appellants will give evidence from Islamabad via video link and rest of the week closed session will resume where national security witness coded name (ZR) will give evidence in closed session. In third week from Monday to Wednesday ‘safety on return’ issues will be discussed where ‘any fears’ in case of return of the appellants from UK to Pakistan will be addressed in the light of Article 3 of the ECHR and UK’s expert Mr. Leydon will give evidence in court.
On Thursday and Friday 25-26 March 2010, all counsels will make final submissions on the case. Judgement will be announced most likely afterwards in writing.
3rd week of the Appeal Trial:
In 3rd Week first 3 days (Monday 22 to Wednesday 24 March) issues of ‘safety on return’ were discussed where Abid Naseer and Ahmed Faraz Khan claimed that in case as a result of secret judgement they got judgement against them, they fear torture upon return. On Thursday 25 march closing speeches were made where Barrister Joel Benathan QC representing Abid Naseer said that he has given honest explanation about his social life , emails and his associations. Barrister Lady Helena Kennedy QC representing Ahmed Faraz Khan said that his client is aware of his responsibilities and his family sold land to enable him to study and he knew his responsibilities.
Solicitor-Advocate Amjad Malik representing Abdul Wahab Khan, Shoaib Khan and Tariq Ur Rehman said that Gordon Brown claimed on 8 April 2009 that Britain has foiled a big terrorist plot, but on 21 April no charges were made and police released them but handed them to Immigration who issued deportation proceedings, Pakistani Premier said these students are innocent and Britain must apologise. Britain said its credible intelligence, but Pakistani Govt said it’s a hoax, Britain intelligence community stuck to its assessment and Pak authorities said its nothing. He said its a matter between two Govts, in the absence of charges, and no explosives found it’s fair to say that they are in this administrative procedure only because they are Pakistanis and Muslims.
Barrister Robin Tam QC representing the home secretary said that the assessment is right that these Islamic extremist were planning to carry out a terrorist activity and they are not telling the truth and what security services have assessed is right as home secretary has a greater duty to protecxt British public.
Case closed and judgement is reserved which is expected in 4 weeks in London.
Amjad Malik
Solicitor-Advocate
Manchester
SIAC address and contacts:
Tel: 0845-6000877.
Nearest tube station Holborn (on Piccadilly line )
& Chancery Lane (on Central Line)
Links:
Link to the full judgment at SIAC Website:
http://www.siac.tribunals.gov.uk/Documents/outcomes/PakistaniBailappsJudgment_140809.pdf
Reuter News
http://www.reuters.com/article/pakistan/idUSLE405918
APP
http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=99399&Itemid=9
http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=93764&Itemid=2
Lord Carlyle’s Report on (Operation pathway)
http://security.homeoffice.gov.uk/news-publications/publication-search/terrorism-act-2000/operation-pathway-report2835.pdf?view=Binary
AAJ TV Series
http://www.zemtv.net/2010/03/23/live-with-talat-22-march-2010/
http://www.pkaffairs.com/playshow.asp?pageId=8077
http://www.pkaffairs.com/playshow.asp?pageId=8044
http://pkpolitics.com/2010/03/26/live-with-talat-26-march-2010/
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