Zimbabwe: Asylum Seekers (Hansard, 19 January 2005)

§ Baroness Scotland of Asthal

Asylum and human rights claims by Zimbabwean nationals are considered on their individual merits in accordance with our obligations under the 1951 UN Refugee Convention and the European Convention on Human Rights (ECHR). As with any other nationality, Zimbabweans who meet the definition of a refugee in the 1951 convention are granted asylum. If they do not qualify for asylum, but there are other circumstances that make them particularly vulnerable and engage our obligations under the ECHR, they are granted humanitarian protection or discretionary leave. If their application is refused, they have a right of appeal to the independent appellate authorities. In this way we ensure that we provide protection to those Zimbabweans who need it.

104WA

Each application is considered against the background of the latest available country information from a wide range of reliable sources, including international organisations, non-governmental organisations, the Foreign and Commonwealth Office and the media. Decisions are based on the specific circumstances of the individual concerned and, while we are aware of the United Nations High Commissioner for Refugees' advice based on a general assessment of conditions in Zimbabwe, that does not mean that it would be unsafe for failed Zimbabwean asylum seekers to return to Zimbabwe. It is clear that there are Zimbabweans in need of international protection, and the asylum system will continue to provide that, but if an asylum and human rights claim is refused, and any appeal to the independent appellate authorities is unsuccessful, that means that it would be safe for that particular individual to return to Zimbabwe.

Voluntary returns have continued throughout the period when enforced returns were temporarily suspended. There is no evidence to suggest that voluntary returnees or those whose return has been enforced since the suspension was ended have suffered any mistreatment on return.