Tamils Against Genocide [TAG] applied to the UK Administrative Court this morning for an injunction against the UK government proceeding with the charter flight of forced returns to Sri Lanka scheduled for 15.30 pm today. This application was made based on the information contained in the recent report detailing egregious torture of 26 students and other persons returning voluntarily to Sri Lanka after spending a short period of time in Britain.
TAG challenged the UK Border Agency's presumption that forced removals are 'safe'. The judge found there is no such policy that it is safe to remove Tamils to Sri Lanka, but all challenges have to be mounted on an individual basis [court order attached]. In practice this is very cumbersome and impossible for claimants without funding. As TAG's report shows the country guidance in leading UK cases is now out of date.
TAG has appealed to the European Court of Human Rights seeking a ruling preventing the flight and pursuing its right to have the 'generic issue' of safety of Tamil returnees tested in court.