Immigration complies with order, deports immigrants
The Department of Immigration and Citizenship Services has deported at least 100 illegal immigrants who were illegally detained at Mzuzu Prison following a High Court ruling delivered in July this year.
According to an Immigration report we have seen, all illegal immigrants who were illegally detained were deported to their countries within a 30-day ultimatum that the court gave following a court case 25 illegal immigrants brought before the courts.
The 25 immigrants were detained at Mzuzu Prison and, during routine prison visits between July 2 and 4 this year, the Malawi Legal Aid Bureau discovered that over 100 illegal immigrants were being kept illegally.
The immigrants were being kept despite their remand warrants having expired in January this year while others had served their sentences; hence, this compelled them to take up the matter with the courts.
And in his ruling, High Court Judge Justus Kishindo ordered that under the Immigration Act, 30 days ought to be ample time within which undocumented immigrants ought to be deported, and further directed that the State should provide the court a progress report on steps taken to deport the illegal immigrants.
According to the progress report, as of September, there are no illegal immigrants at Mzuzu Prison and that all rightful steps in accordance with the law were undertaken to ensure that the illegal immigrants are deported to their countries of origin.
The deportation of the illegal immigrants, according to the progress report, has reduced congestion at Mzuzu Prison which has been a long-standing challenge, mainly due to an influx of immigrants who are detained at the facility.
Centre for Human Rights Education Advice and Assistance (Chreaa) executive director Victor Mhango described the government’s compliance with the court order as commendable.
He said: “We are happy with the development because this reduces congestion in our prisons. The number of immigrants was equal to the capacity of Mzuzu Prison and to see that now there is no single undocumented immigrant at the prison, we are thrilled.
“This shows that, as a country, we are moving in the right direction in upholding human rights.”
On her part, Southern Africa Litigation Centre (Salc) criminal justice cluster lead Chikondi Chijozi said the expectation is that no illegal immigrants will be detained illegally.
“This is highly commendable that the Immigration Department has fully complied with the order of the court. It is our hope that this progress will be sustained by the Immigration Department and that immigrants will no longer be detained for indefinite periods,” she said.
Malawi Legal Aid Bureau assistant director Chimwemwe Chithope Mwale represented the immigrants in the court case with support from Chreaa and Salc.
