Asylum for Tham Sarki - the battle resumes


Tham Prasad Sarki is still seeking asylum in Britain. His original claim was refused in 2003 and he was arrested and detained briefly but released after legal intervention, however his fate has not been decided as yet.

Tham has been living in Lewisham since he fled Nepal in 2001 when the civil war had already being raging for five years. Tham became involved in the conflict because he wanted to struggle against the caste system and a warrant was issued for his arrest.

Tham faces a reconsideration hearing by the Immigration Tribunal on Friday 31st March 2006.

Tham's supporters find it incredible that the Home Office would consider deporting Tham, in light of the latest U. S. Department of State: Bureau of Democracy, Human Rights, and Labor Country Reports on Human Rights Practices - Nepal 2005, the report details:

* Obstruction of citizens' right to change the government
* Arbitrary and unlawful lethal force, including torture
* Vigilantism
* Disappearances
* Poor prison and detention conditions
* Arbitrary arrest and lengthy pre-trial detention
* Impunity for security forces
* Compromised independence of judiciary
* Suspension of news broadcasts
* Restrictions on the Tibetan community
* Restrictions on internal travel
* Discrimination against persons with disabilities and lower castes
* Violence against women and trafficking in women and girls
* Abuses of child labour
* Restriction of worker's rights

At Tham's original hearing in October 2002, the Adjudicator's in his written determination said: "In the above circumstances and reviewing all the evidence in this case, applying the lower standard of proof set out in Sivakumaran, I am satisfied that the appellant has a well-founded fear of being persecuted for a Convention reason if he had to return to Nepal. Accordingly, I find that to return the appellant to Nepal would be a breach of the United Kingdom's obligations under the 1951 Convention. Therefore, I find that the decision of the respondent was not in accordance with the law and the immigration rules and I allow the asylum aspect of this appeal."

Yet despite this observation the claim was rejected in its entirety.

Tham with the support of Committee to Defend asylum seekers, Lewisham Anti-Racist Action Group, has been campaigning since November 2002. Model letters/petitions are available from the campaign.

Inquiries/further information; Tham Sarki Campaign


Support picket 10.00pm Friday 31st March 2006

Asylum and Immigration Tribunal
Field House
15 Breams Buildings



March 2006

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