Afghani Plane Hijackers to Stay in UK

John Reid, the Home Secretary has lost his court appeal battle to remove the right to work in the UK of nine Afghan hijackers.

The Home Office argued that, although the nine could not be deported, immigration law allowed him to impose 'temporary admission' status on them and curb their freedom while they remained in the country. But the Master of the Rolls, Sir Anthony Clarke, Lord Justice Brooke and Lord Justice Neuberger, today dismissed the Home Secretary’s appeal against an earlier High Court ruling.

The nine Afghans hijacked a Boeing 727 on an internal flight in Afghanistan in February 2000 and forced the crew to fly to Stansted in Essex. Although they were refused asylum, a panel of adjudicators ruled in 2004 that, under Article 3 of the European Convention on Human Rights, they could not be sent back to Afghanistan because their lives would be endangered.

In December 2001 all nine were convicted of hijacking, false imprisonment, possessing firearms with intent to cause fear of violence and possessing explosives. In June 2003 their convictions were quashed by the Appeal Court, which found they had been acting under 'duress'. Following a public outcry over the nine being granted a 'hijackers’charter', successive Government ministers attempted to restrict their rights.

They were eventually granted only temporary admission last November by the then Home Secretary, Charles Clarke. But the Home Office suffered an embarrassing High Court defeat in May this year when Mr Justice Sullivan ruled that it was unlawful under the 1971 Immigration Act to keep the nine on temporary leave.

The judge declared they were entitled to 'discretionary leave' to enter and remain in the UK, subject to review every six months. This allowed the nine to work, possibly claim state benefits, and support their families in the UK, even though they were not entitled to full refugee status. In contrast, those subjected to temporary admission normally have to rely on state hand outs, cannot work or obtain travel documents, but have to live where they are told, report to the police regularly and remain subject to detention at any time. It was argued during the appeal hearing that the Home Secretary was entitled in law to have a policy of granting only temporary admission to failed asylum seekers who had been allowed to remain in the country on human rights grounds. The nine have 'apologised' to passengers on the flight they hijacked to Stansted for the fear they caused.

Reshad Ahmadi, Abdul Shohab, Abdul Ghayur, Taimur Shah, Nazzamuddin Mohammidy, Mohammed Kazin, Ali Safi, Mohammed Safi and Mohammed Showaib say they are educated people who do not want to 'sponge' off the state.