A Mauritian girl facing deportation on Tuesday March 25th may be saved under Article 8 of the European Convention claims Lambeth Solicitors‘ Practice Manager, Mr Bushan Deepchand.
Reports in several news sites are telling a story of a bright young Mauritian student facing deportation this Tuesday. Yashika Bageerathi came to the UK on a tourist visa with her mother in 2012. According to the news, Yashika and her family have been seeking asylum because of alleged attempts of sexual assault from a member of their community in Mauritius which has forced them to escape to UK.
Since then Yashika has been attending Oasis Academy Hadley, in Enfield, north London – until she was detained at Yarl’s Wood Immigration Removal Centre reportedly some 42 days ago. She was later bailed out after her head teacher had raised the money but last week was again sent back to Yarl’s Wood detention when her application was refused.
As part of the Asylum process, Yashika, her mother and brother who all arrived together in England have been required to sign on at the Home Office every week since their arrival. However, since Yashika has now reached the age of 18, her case has been separated from other family members.
Lambeth Solicitors’ Practice Manager, Mr Bushan Deepchand has been following the case where possible. Mr Deepchand who has himself successfully prevented many of his clients from deportation spoke about the case.
“Whatever the case of Yashika, the fact that she is studying in the UK is an important factor here,which the Home Office has to consider before removing her from the UK. ” he said.
“As a student and being in the middle of her studies, she may have some rights under Article 8 of the European Convention on Human Rights.” he added, ” The Home Office has to consider the overall picture, her investment in her studies (time and money) the consequences of reducing her career at this crucial juncture where she is about to prepare and sit for her exams.”
Yashika is a bright student, with possible A’s in Maths and French and B in Chemistry She has university offers at all five of her choices, including scholarships at Newcastle and Queen Mary’s. Her friends, family and teachers say she is a model student and are fighting for the Government to allow her to finish her A levels.
Mr Deepchand feels that although she may not have a case under Immigration Rules and Human Rights within the meaning of Immigration rules, but if her lawyers can establish her case as exceptional, it will need to be considered under Section 8 of the ECHR and may have a case.
“Article 8 is not a trump card but if there are good grounds for granting leave outside Immigration rules, then her case should be considered whether there are compelling and exceptional circumstances that deserves compassion. ” Says Mr Deepchand.
In these circumstances, the test may be in proportionality and insurmountable obstacle which is whether it is reasonable having considered all the relevant factors for Yashika to be removed from the UK and the huge difficulty she faces upon her return to Mauritius. Mr Deepchand believes that in her case, it may be disproportionate to send her back to Mauritius.
Mr Deepchand who has saved countless Mauritians and other nationals from deportation is an expert in his field and although he does not have all the evidence in front of him for the case of Yashika, he strongly believes that she may be saved from her fate this coming Tuesday providing she has good representation.
Her classmates, teachers and even the MP in her local town, Enfield, Mr David Burrowes have all rallied to try and save her from being removed from the UK. A petition has been posted on Change.org to gather as many names to help save her.
If you wish to sign the petition to save Yashika, please click here.
What do you think of the Yashika’s case? Was the Home Office right to separate her from her family because she is over 18 or should they have been more compassionate considering the circumstances?
Aug 13, 2013 1