Deported on Monday & Refused Entry now Back in the Uk

[charlearose]

my friend came to england from cuba and asked for asylum 3 years ago which was refused so he absconded and lived in the uk for 3 years then he reapplied for asylum again 2/3 months ago
He was told to sign at the pollice station once a month ect
On the third time of signing at the police station he was arrested and taking into custody within 4 days he was deported back to Cuba the country of his birth

When he arrived in Cuba on Monday he was refused entry on the basis that because he has has left the country for more than 11months without permission therefore he has lost his cuban citzenship ( this was also the basis of his 2nd claim for asylum)

he was put back on the plane immediatly and sent back to the uk he is being now been brought back to Bristol which is where he was arrested /held lived for the past 3 years

dos anyone know what he should do or what the outcome would be will he be realeased why bring him back to bristol if they are going to deport him again ect his friend are hoping to club to gether to get him a good lawyer/barrister can anyone reccomend anyone for him please

i have never heard of anything like this before
any help/thoughts on this would be much appreciated

[thsths]

When he arrived in Cuba on Monday he was refused entry on the basis that because he has has left the country for more than 11months without permission therefore he has lost his cuban citzenship ( this was also the basis of his 2nd claim for asylum)

I think he should qualify for British Citizenship now on the basis of being stateless. There is an international convention on preventing statelessness, and it usually involves grating citizenship according to your place of residence. But it may be worth to get a lawyer to check the details.

Anyway, now that he is stateless, he cannot be deported any more, as far as I understand. There is also no point in holding him in prison, so I hope he will be released soon.

[sakura]

When he arrived in Cuba on Monday he was refused entry on the basis that because he has has left the country for more than 11months without permission therefore he has lost his cuban citzenship ( this was also the basis of his 2nd claim for asylum)

I think he should qualify for British Citizenship now on the basis of being stateless. There is an international convention on preventing statelessness, and it usually involves grating citizenship according to your place of residence. But it may be worth to get a lawyer to check the details.

Anyway, now that he is stateless, he cannot be deported any more, as far as I understand. There is also no point in holding him in prison, so I hope he will be released soon.

This topic was brought up before.

I do not think that he has lost his citizenship, and even if he has, that he would have proof of it (being denied entry is not necessarily a proof of having lost citizenship, especially when dealing with Cuban laws). Personally I doubt it'd be that 'easy' for someone to lose their citizenship (otherwise we would have heard of a lot more cases whereby Cuban nationals hide themselves aways for a number of years in order to become stateless).

This document makes an interesting note on the situation (referring to Cubans in the USA...bold words are my own):

Cubans in the U.S. may not be stateless per se as there is no indication that their Cuban nationality had been withdrawn or disputed. However, given that re-entry to Cuba is not possible in many cases, the UN has suggested it is more an instance of ineffective nationality. These cases must be treated with great care. For Mariel Cubans (as well as others) who were paroled into the U.S., ‘entry’ to the U.S. was not possible, so the result was a ‘legal lacunae.’ Ineffective nationality became an issue in these cases because of the instances of indefinite detention in the U.S. that resulted.

So I do not think he is stateless, unless he has official proof of this. In that case, the best he can hope for is discretionary leave.

[John]

So I do not think he is stateless

Even if that is the case there seems little prospect of him being returned to Cuba again. I think he needs to seek professional advice as to how he should proceed.

[charlearose]

thanks for that guys i thougth i should add that when he left he had a travel document to go to russia not the uk but the plane stop in transit o in the uk cant rember what airport and he just walked out of the airport ( this was happening untill quite recently - we have loads of cuban in Bristol who have done this )

He is def back in Bristol at the immigration/ police headquaters in portishead in Bristol

can anyone reccomend a good lawyer for this case as i understand its quite unusal

thanks in advance guys
charlea

[republique]

thanks for that guys i thougth i should add that when he left he had a travel document to go to russia not the uk but the plane stop in transit o in the uk cant rember what airport and he just walked out of the airport ( this was happening untill quite recently - we have loads of cuban in Bristol who have done this )

He is def back in Bristol at the immigration/ police headquaters in portishead in Bristol

can anyone reccomend a good lawyer for this case as i understand its quite unusal

thanks in advance guys
charlea

what? and he walked out at Bristol on the way back from cuba after being refused entry by cuba? And what does russia have to do with this?

[charlearose]

lol & pml at that - When he left cuba originally 3 years ago he was on his way to Russia as Cubans dont need a visa to go to Russia, but the plane stops in the uk for some reason (i think in Manchester ) and he was able to just walk out of the airport - dont know how but aparently it was quite common to do at the time although not easy to do now becuase its been picked up pn
so he did not have legal travel documents for the uk at any point

he was deported over the weekend and refused entry in cuba so he was flown back to the uk where he was then taken back to Bristol /Portishead Police HQ which is where he is at the moment untill i can find out more

if anyone knows of a good lawyer who has any experience in such a case it would be much appreciated

thanks charlea





[quote)"what? and he walked out at Bristol on the way back from cuba after being refused entry by cuba? And what does russia have to do with this?[/quote]

[Wanderer]

Found this which suggests Cuban Nationality is lost only by choice and in any case can be regained again.

Dunno if the HO read Wikipedia tho!

http://en.wikisource.org/wiki/Constitution_of_Cuba


Article 32: Cubans may not be deprived of their citizenship save for established legal causes. Neither may they be deprived of the right to change citizenship.
Dual citizenship is not recognized. Therefore, when a foreign citizenship is acquired, the Cuban one will be lost.
Formalization of the loss of citizenship and the authorities empowered to decide on this is prescribed by law.
Article 33: Cuban citizenship may be regained in those cases and ways specified by law.

[thsths]

Found this which suggests Cuban Nationality is lost only by choice and in any case can be regained again.

I am not sure that Wikipedia is the best source. In Cuba, I would not even trust the law

Anyway, if he decided to give up his citizenship, he will not gain any protection with that step. So I guess it all depends on whether he can prove that and why he lost Cuban citizenship.

[charlearose]

though i would update - my friend who was deported back to Cuba a month ago and was refused entry to Cuba due to his overstaying in the uk was released today from a detention center in the Uk ( near london not sure where ) and is on his way back to Bristol as i write
he was refused entry to cuba on arrival and was sent back to the uk and kept in dentention center while the it was decided what to do with him

not sure at the moment what is happening to him but he is definatly been released and is on his way back to friends in Bristol

if anyone has any ideas on what may happen to him -is it usual to be realesed afer dention it would be much appreciated

[tasha75]

-is it usual to be realesed afer dention it would be much appreciated

I suppose if they cannot remove him, then there is no point in keeping him in detention as it cost them money.
As to what will happen - they can leave him in limbo for years, while they are deciding what to do with him, with no right to work, no support etc. What was he told when he was released from detention - does he have to claim asylum again or put some other application?