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What we do...

Navigate Out of Country Appeals

One account of families suffering

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Glasgow Sunday 17th of July 2016.

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Roots to Return has been set up in response to the noticeable increase in the UK Home Office's use of their 'Deport Now, Appeal Later' policy. Under this policy individuals who have often been in the UK for most of their lives, had British Citizenship, have children and families in the UK and are settled can be removed from the country, often to places they have little memory of. Founders of this group have been supporting immigration detainees and their families and have observed that individuals given an out of country right of appeal are generally unable to exercise that right once removed from the UK. This is because of a number of barriers to justice. These include no access to legal representation, lacking funds, difficulty communicating with family members remaining in the UK, lack of understanding the appeal process and generally struggling to survive in the country they were removed to.

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The rationale behind why this policy is considered an acceptable one is because it is suggested that individuals have the right to return on the basis of their human rights, most commonly the right to family and private life (Article 8 of the ECHRs). Exercising this right to appeal once removed from the UK within the given 28 day time limit proves impossible for most. The UK Home Office and immigration judges have argued that when it comes to family and private life, partners, spouses and children can relocate overseas to maintain the family unit. Unfortunately, for many families this is not an option due to work committments, education, other family ties, income constraints and so on. The final argument often offered is that through modern technology such as Skype and other video calling applications relationships within these families can be maintained. 

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At Roots to Return we are committed to supporting families forced to go through this ordeal and aim to provide high levels of practical support to families remaining in the UK and the individuals attempting to submit their appeals from overseas. We have developed three projects to address the issued mentioned above. We are also committed to raising awareness among the public and particularly youth at risk of going through this process once the turn 18 and start applying for leave and residency in the UK as an adult.

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Project 1 - Families Left Behind

This project focuses on practical support for partners and children remaining in the UK and is tailored to empowering women to access services and develop ways of managing often with lost income and parenting support. A common experience by women and children whose partners are removed is that they face almost immediate eviction from their homes due to dramatic changes to the family income. Increased interactions with social services and other government bodies also often follow natural emotional responses to families being forced to separate. Significant adjustments are made as household transform into sinble parent households including children acting out. This project focuses on supporting families to access services in their local area, support groups and having a constant understanding ear to call. The project utlimately aims to bring families in this situation together to form strong ties within this emerging community empowering families to speak out, lean on each other and participate in the appeal process. 

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Project 2 - Out of Country Appeals

This project aims to support inividuals removed from the UK to submit their appeals successfully from outside the UK. Initially a handbook detailing how to do this will be given to individuals in this situation. It will be translated to maximise accessibility. Roots to Return will ensure that barriers to submitting appeals are overcome and that records of the submitted appeals are maintained and will follow up on the appeals' progress. This project also focuses on accessing legal representation as much as possible throughout this process. A significant activity of this project is monitoring and evaluating the out of country appeals process in action, which has not been undertaken before now. Similarly, the project through the use of the handbook and support team (to overcome battiers) aims to stimulate an increase of individuals who are exercising their appeal rights.

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Project 3 - Getting Voices Heard

The final project supports the initial two so that the 'Deport Now, Appeal Later' policy can be better understood by the UK public. Through publicising what families are going through it is hoped that community support will increase and the stigma associated with removal from the UK of a family member be reduced. As families link up it is hoped that these support networks will empower those left behind to speak out as to how this policy if effecting their everyday lives. This final project addresses direct requests that founders of Roots to Return hear regularly and hope to be able to support to develop sustainably so that families can have their stories heard and feel less isolated. 

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Roots to Return's Practice is determined by the following aims:

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  • To create an accessible handbook for submitting out of country appeals and distribute this among individuals forcibly removed from the UK and their families that remain. The handbook will provide necessary information individuals in both of these situations require to navigate the out of country appeals process. 

  • To provide necessary resources to removed individuals and remaining families to overcome barriers when navigating the out of country appeal process. This includes administrative and communicative resources, as well as access to lawyers, experts and other support organisations during the proceedings.

  • To empower and encourage self-determination for removed individuals and remaining families, and ensure that justice and equality are prioritised when challenging identified oppressions of the out of country appeals process.

  • To employ and work closely with those with lived experienced of the out of country appeal process from both within and outside the UK.

  • To document and monitor out of country appeals in action, to determine and identify barriers to this process and produce evidence of where these exist.

  • To provide a high level of personal support for families in the UK negatively affected by the out of country appeals process, particularly women and children who often face significantly adverse affects when family members are removed from the UK.

  • To publicise and campaign about the difficulties associated with out of country appeals, particularly the costs experienced by families remaining in the UK. 

  • To raise awareness of other tools used in connection with out of country appeals such as charter flights and criminal deportations, particularly as these relate to individuals who have been granted British Citizenship or long periods of leave to remain in the UK.

  • Final Objective: to obtain necessary evidence to challenge out of country appeals through legal avenues and enable families to remain together to complete immigration appeals in the future.

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