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Judge halts DR Congo deportations Judge halts DR Congo deportations
(30 minutes later)
A High Court judge has ordered a halt to deporting failed asylum seekers to the Democratic Republic of Congo. A High Court judge has ordered a halt to sending failed asylum seekers back to the Democratic Republic of Congo.
In a major defeat for the Home Office, Mr Justice Collins said no-one should be removed until the African country's safety record was reconsidered. In a major defeat for the Home Office, Mr Justice Collins said no-one should be removed until the African country's safety record was reviewed by experts.
The judge said there needed to be an expert ruling on whether DR Congo was safe for failed asylum seekers. The judge heard evidence that others deported by the UK were raped and tortured once back in DR Congo.
Campaigners say the Home Office was planning removals before an assessment of the country's human rights record. The Home Office's counsel said such claims were exaggerated and there was strong evidence the country was safe.
They said a plane had been chartered to take about 20 adults and more than 15 children back to DR Congo on 30 August. The action was bought by 10 failed asylum seekers after Home Secretary Jacqui Smith refused to halt a charter flight to DR Congo on 30 August.
Zimbabwe comparisons 'Playing with lives'
Innocent Empi, from the Congo Support Project, said the country was not safe. Christopher Jacobs, representing them, argued they should not be sent back until a hearing in September decided whether the country was fit for returning asylum seekers.
"People are being persecuted, abused and tortured and their human rights are not respected by the Congo authorities," he said. He said the Asylum and Immigration Tribunal (AIT) would hear evidence from former DR Congo immigration officers and security staff of what happened to some of those on an earlier chartered flight in February.
At the judgement, Mr Justice Collins said the situation there was similar to that in Zimbabwe. In his ruling, Mr Justice Collins said: "I don't consider it would be reasonable for the Secretary of State to take the attitude that she can continue to remove."
He said a new ruling by the Asylum and Immigration Tribunal (AIT) should decide whether the country was a safe place to return asylum seekers. He asked Lisa Bush, for the home secretary, whether the home secretary herself had "completely reliable" evidence that there was no risk.
The AIT hearing is due to take place next month. Miss Bush said there was "no realistic possibility" that those returned faced a risk.
A Home Office spokesman said he would not comment until the court hearing was concluded. The judge said: "Difficult decisions have to be made. But you are playing with people's lives and if you get it wrong the decision may affect whether a person lives or dies or whether they are dealt with in an appalling fashion."
He said a new ruling by the AIT, due to take place next month, should decide whether the country was a safe place to return asylum seekers.