Family
Spared Deportation At 11th Hour, By Marcello Mega
The Scotsman, May 7, 2002
"When Nikola arrived in Britain, aged 11, she spoke
no English. Within six months she was promoted from the
bottom to the top stream at school.
She
is now on a special register for gifted pupils ."
A
judge has intervened to allow a Slovakian family with
a brain-injured child who are seeking asylum to remain
in the UK.
The
Garza family, who have attracted considerable interest
and support from politicians and union leaders, were due
to have been deported yesterday morning after 14 months
in the UK.
Their
solicitor, Azmina Hansraj, thought the family's last chance
had failed when immigration officials at the Home Office
refused to consider a fresh plea for asylum made on behalf
of 21-month-old Vanesa over the holiday weekend. Officials
said asylum applications had to contain all relevant information
when they were first made.
The
family's original application was made more than a year
ago in the name of Vanesa's father, Dusan, 32.
However,
the solicitor pointed out in her fresh plea that Vanesa's
medical condition was not diagnosed until January this
year, so all relevant information was unknown before then.
At
noon yesterday, a judge issued an order of stay to prevent
the deportation.
Home
Office officials refused to accept the order over the
phone until the judge called them in person to say they
had no choice and that the family must not be deported
yesterday.
The
ruling now gives the solicitor time to appeal against
the decision to reject Vanesa's application, made on the
grounds that her mixed ethnic origins would see her discriminated
against in Slovakia so that she would not receive the
care she needs.
Vanesa's
mother, Agata, 34, is Slovakian, while Mr Garza is a member
of the persecuted Roma minority. As a result, the family,
which also includes Nikola, 13, and Adrian, 12, had been
harassed and threatened in their home town of Kosice.
Vanesa
was born two months prematurely after her mother suffered
a racially motivated beating . Doctors believe the attack
caused Vanesa's brain injury, which has delayed her development.
She cannot walk or talk and is the size of a child half
her age. She also has impaired sight and hearing.
The
family lived in the community at Gateshead until March
when they were taken to Dungavel detention centre in Ayrshire,
the former prison.
Last
month, they were moved to Harmondsworth detention centre
in Middlesex.
Joan
Moon, who befriended the family while they lived on Tyneside
and who has campaigned on their behalf, said Mr and Mrs
Garza had asked her to thank everyone for their support
and prayers.
Campaigners
for the family say Vanesa's sister Nikola has made great
progress since she arrived in the UK and to deport her
would be sentencing her to poverty.
When
Nikola arrived in Britain, aged 11, she spoke no English.
Within six months she was promoted from the bottom to
the top stream at school.
She
is now on a special register for gifted pupils .
Nikola
wrote a letter to the Home Secretary, David Blunkett,
to appeal against his stance that asylum seekers' children
should be educated separately in accommodation centres,
away from local pupils.
For
nearly seven months, she was educated in a mainstream
school, but now shares classes with children in Harmondsworth
detention centre in London.
Joan
Moon, Nikola's English teacher in Gateshead, said: "Schoolchildren
are very quick to make friends and children like Nikola
have to learn so they can communicate with them. In a
detention centre, there is no motivation."
On
a visit to the family in Harmondsworth, Mrs Moon said
she discovered that the children were receiving only a
basic standard of education compared to the lessons they
were receiving in school.
She
added that both Nikola and her brother Adrian have the
ability to gain places at university.
