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Deportation of Sakchai Makao (Mark II) - ** News Thread **


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I’ve been reading all your posts with interest and apologies for being so late in replying. Not had a lot of internet availability recently. This of course does not mean I have been out of the campaign loop – far from it in fact

 

As regards the future of the campaign this will only really take shape over the next few days maybe even weeks, especially after further direct consultation with the main players. (Yes believe it or not a lot of work does go on behind the more public ‘scenes’ so to speak). Evolving ideas and directions in this respect will then be posted here for general information.

 

The first and main issue of course is whether or not the Home Office plans to appeal the judicial decision. This is the most important campaign factor for the time being and we must await that outcome before deciding where to go from here. It is likely this will only be done once they see the judges written findings. If they do decide to appeal, obviously that fight remains our main concern and I believed we have to see that through first and foremost before we can even think of moving on and not lose focus at this time. If not - then decisions have to be made on how, if at all, to proceed with the campaign from there.

 

As I see it this potentially extended campaign could then fall into two distinct areas:

 

(1) The fight to gain wider justice for Sakchai by exploring the possibility of further legal action to make the Home Office accountable for their actions over the past few weeks. We will of course be taking legal and political advice on this, but I think that Alistair has already indicated this is a distinct possibility. This factor is for the main campaign team to consider, but mainly Sakchai himself of course, together with his legal and political representatives – so bear with us if things seem to move quite slowly and regular updates in this respect do not appear on this site. Rest assured those who have a need to know will be kept fully and directly informed.

 

(2) If desirable where other, perhaps more public, efforts of the campaign should be targeted from here. Again here there are at least two alternatives.

 

(a) To support other individual cases of a similar nature or

(B) To fight a more general, wider campaign i.e. bringing general pressure to bear on the Home Office to revisit and possibly amend the legislation that caused this ‘problem’ in the first instance or have it, at the very least, interpretated or applied differently.

 

I have to say I personally concur with Revan’s posts on this issue and likewise in respect of any outstanding campaign funds – more of this later.

 

For my part I suspect that (B), in some form or other, would be the more productive from a more general campaign perspective, but am happy to be guided on this one. Someone mentioned the difficult decision process re selecting who to support and who not and this is very relevant. The (B) approach may of course take some time to yield results (if at all) and in the meantime I am very well aware there are other individuals suffering the same potential fate as Sakchai. If, however, we agree toadopt this approach as a campaign team, this of course DOES NOT preclude any of us supporting other individual cases of our choice (even collectively in some respects) indeed we most certainly should if we feel so inclined – its more a matter of being as fair as possible to ALL individuals concerned (including many of course we do not know about) and trying, if we can, to provide the widest possible support to EVERYONE who finds themselves in a similar position to Sakchai.

 

Sakchai’s case was very locally orientated and the issues well know and, as such, it inevitably attracted the highest levels of emotion and support in this respect. This is simply to be expected, so it would not be surprising if, when it’s totally over, many of you choose to leave your own personal involvement at that, and of course it is your individual choice and right to do. However most of us involved in Sakchai’s campaign have had our eyes opened to injustices of this nature and intend to remain involved at a number of levels in the future, come what may. It’s just a matter of how best to do this.

 

I know that throughout this campaign there have been calls from some quarters to ensure we collectively do not forget others in this respect. Perfectly fair in itself – as far as it goes. We have continually pointed out this would, for many of us, be our longer term intentions. However, although these calls have been regularly posted by the individuals concerned I, for one, have not been aware of any specific or constructive suggestions from them as to how we should go about this or indeed who we should be seeking to help and represent in this respect. Although the suggestions in themselves of course have a great deal of general merit I for one would appreciate some clearer ideas on how THEY would wish us to proceed in this respect, rather than simply making bland and general statements and observations. Should I hold my breath?

 

Others, including Revan, have suggested specific and constructive ways forward, so given that we have often been accused of ignoring these other individuals – here’s your chance. Let us know exactly what you are meaning and then we may be able to support your individual cases, if you know of one’s.

 

I think it’s also fair to say that we would also greatly appreciate if they were to offer their ‘services’ in a more coherent, tangible and constructive manner, rather than simply and continually ‘sniping’ from the sidelines, often making snide observations and remarks behind cloaks of anonymity. This would help ensure their intentions are indeed honourable. I think I can be forgiven for sounding suspicious in this respect. Their active, effective and constructive involvement in the Sakchai campaign to date has left a lot to be desired in my personal opinion although we were continually assured they “supported†it.

 

If they were indeed supporters, and now wish to see wider benefits come from this case, as we in the campaign team believe can actually happen, then it’s time for them to put their mouths, bodies and time to more constructive action and not simply expect others to do the work on their behalf, while they merely fill up pages on this forum with largely inane and often unconnected drivel. (having said that I welcome the recent more constructive postings) Come on guys have the courage of your convictions and try to make yourselves really useful for a change.

 

Sorry if I still sound a bit put out, but we did have a great deal to put up with via some of these postings, especially at the height of the campaign when everyone involved was under a lot of personal pressure and the eventual outcome was decidedly uncertain.

 

Those involved may have seen their role as offering ‘constructive criticism’, but many of us did not share this view, especially given the gravity of the situation. We would have been happy enough hearing alternative viewpoints (which some did offer) but occasionally these particular one’s stepped over some moral and basic common sense lines, whatever the individuals concerned believed.

 

However, I am happy to let by gone’s be by gone’s in this respect, but sorry if some of the postings still leave a pretty sour taste in some of our mouths. Quite a number of these were neither constructive opposition or did they ask truly relevant questions, again in my personal opinion – a view however shared by many others involved. I do hope that all the relevant questions have now been answered and apologies to those who I could not answer personally due to time constraints if nothing else.

 

Equally if they wish those in “similar circumstances†that they have continually highlighted to be assisted in any way, it would be of great benefit to know even a few more details than we have been offered to date. Until this is forthcoming (and this need not be done in a public manner via this forum) then we as a team most certainly can do nothing for them and forgive me if I say I remain a bit cautious, indeed suspicious, in this respect as well. I know many share my feelings on this one. Sympathetic – of course, but it would be good to know more than we do at present to ensure we are not chasing shadows in his respect.

 

Those making these pleas have access to me via personal message and e-mail as they have already well demonstrated over the past few weeks, so if they feel they cannot post information here for any reason, they can do so direct. I will, if they wish, treat any contact in this respect with total confidentiality, as I will their ‘real’ identity should they wish to admit that, which I would of course would prefer for obvious reasons. If they do not wish their own identity to be uncovered through giving me / us this information (not my purpose in this I can assure them) then I would seriously question where their personal priorities lie.

 

Finally as regards the Shetland for Sakchai ‘fund’ and the ridiculous suggestion(s) that this has now been “wastedâ€. This of course could not be further from the truth

The fund was set up mainly to cover Sakchai’s legal fees, over and above that offered by SRT. This is, of course, still the case.

 

We do not of course know as yet what the final legal bill will be and how covering that will be finally broken down among those concerned in this respect. There may indeed be yet more legal expenses to cover, over and above those already accrued, so the process goes on in this respect. Until that element is finally settled the fund will be a living and hopefully growing entity. Thanks to those of you who recognise this. Indeed feel free to carry on fundraising if the will is there – it may well be vital to us in this respect, or for others in a similar position.

 

What I can promise, as I have done so often before, is that everything will be managed legally, publicly and transparently – in fact it can be handled in no other way.

 

In the case of any funds being left over when all case related costs have been met, then these will be distributed as publicly agreed (I suggest a public meeting to agree the actions necessary in this respect would be the best way forward). The feeling right from the outset was that any surplus should be made available to support similar cases of injustice and I for one still believe this still to be the best way forward. I see that others support this stance. Nothing against C ATS or any other local campaign but I for one feel there is much more work to be done here that could benefit from some financial support or contributions

 

This could either be done through existing national / international organisations such as Liberty or indeed through any number of official sources – or indeed through a new local fund to support any future strategy of the Shetland for Sakchai campaign or any other local support group(s) that may grow from it.

.

In all honesty I suspect there will not be a fortune left over when everything is taken into account so it might not necessitate much of a public debate but you never know. We must wait to see how the land lies when the campaign as it now stands is well and truly put to bed.

 

Further constructive suggestions will be most welcome.

 

Cheers for noo

 

Davie and the Shetland for Sakchai team

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I know that throughout this campaign there have been calls from some quarters to ensure we collectively do not forget others in this respect. Perfectly fair in itself – as far as it goes. We have continually pointed out this would, for many of us, be our longer term intentions. However, although these calls have been regularly posted by the individuals concerned I, for one, have not been aware of any specific or constructive suggestions from them as to how we should go about this or indeed who we should be seeking to help and represent in this respect. Although the suggestions in themselves of course have a great deal of general merit I for one would appreciate some clearer ideas on how THEY would wish us to proceed in this respect, rather than simply making bland and general statements and observations. Should I hold my breath?

 

Others, including Revan, have suggested specific and constructive ways forward, so given that we have often been accused of ignoring these other individuals – here’s your chance. Let us know exactly what you are meaning and then we may be able to support your individual cases, if you know of one’s.

 

I think it’s also fair to say that we would also greatly appreciate if they were to offer their ‘services’ in a more coherent, tangible and constructive manner, rather than simply and continually ‘sniping’ from the sidelines, often making snide observations and remarks behind cloaks of anonymity. This would help ensure their intentions are indeed honourable. I think I can be forgiven for sounding suspicious in this respect. Their active, effective and constructive involvement in the Sakchai campaign to date has left a lot to be desired in my personal opinion although we were continually assured they “supported†it.

 

If they were indeed supporters, and now wish to see wider benefits come from this case, as we in the campaign team believe can actually happen, then it’s time for them to put their mouths, bodies and time to more constructive action and not simply expect others to do the work on their behalf, while they merely fill up pages on this forum with largely inane and often unconnected drivel. (having said that I welcome the recent more constructive postings) Come on guys have the courage of your convictions and try to make yourselves really useful for a change.

 

However, I am happy to let by gone’s be by gone’s in this respect, but sorry if some of the postings still leave a pretty sour taste in some of our mouths.

 

if you are indeed "happy to let by gone's be by gone's", den perhaps it wid be a good idea tae lay things tae rest den rather as mentioning things dat havna bin mentioned on here for wee while noo :wink:

 

either way, you mentioned constructive help etc, so i assume you've missed dis link being posted on numerous occasions:

 

http://www.ncadc.org.uk

 

they even mention sakchai's case on there, so perhaps it wid be a good idea to help and support them :)

 

hooever, i agree wi u dat da best idea is da second 1 u posted, wi a combination of both (a) and (B). Da main fight being a generalised campaign against da "law" itself, or at da very least ammended tae be mair "fair" in its interpretation. tho, obviously, there will undoubtedly be particular cases, lik sakchai's, dat need mair immediate action dat could be adpoted pn an as and when basis.

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Guess what happened ?!

Today at 1708 hrs I recieved an answer from the British Embassy in Berlin, saying "sorry, for delay", linking back to the BBC article dated July, 7th and explaining thereafter that Sakchais appeal was successfull and that he is allowed to stay in Shetland as long as the Home Office has decides about an appeal in its own rights.

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islandhopper - I can beat that!

 

I got this today via email from the Home Office:

 

 

 

Our Ref TO 75320

 

Date 13 July 2006

 

 

 

 

Dear Ms *******

Re: Sakchai Makao

Thank you for your email of 11 June to the Scottish Executive about Mr Sakchai Makao concerning his arrest and proposed deportation. Your letter has been forwarded to the Immigration and Nationality Directorate (IND) for a reply.

 

As you may be aware Mr Makao is currently released from detention pending further hearing into his appeal against deportation.

 

Please be assured that the contents of your letter and your support for Mr Makao have been noted. Your letter will be attached to his case file to inform any future consideration of the case.

Yours sincerely

J Dulieu

 

IND Correspondence Improvement Team

 

Doesn't really give confidence in the system, huh!

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Received this yesterday via snail mail (dated 7 July--5 days to get here??):

Dear Mr. ...

Many thanks for your e-mail of 4 July.

I am very much aware of the feeling about Mr. Sakchai Makao in Shetland.

I am not, as a member of the Shadow Cabinet, able to sign EDMs of this kind--but I shall certainly discuss with colleagues in the Shadow Cabinet what position we ought to adopt vis-a-vis Makao's intended deportation.

Best wishes,

Yours sincerely

Oliver Letwin

 

I'm going to reply along the lines DavieG was describing earlier--that they look at clarifying and cleaning up the law that allowed Sakchai to be taken away in the first place.

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Thanks again for this Ron. Wonderfully put as usual. Thanks also for all your excellent reporting throughout. Hope our paths cross in the not too distant future.

 

Thanks, Davie. I don't imagine I'll be writing about this case again, so thanks for your help. I think that holding together a broad coalition of people and keeping the focus on the specific issue - while dealing with journalists like me at the same time - isn't easy, but you've done it superbly well.

PS I should add that I've never met Davie in my life, but he's been of great help to me as a journalist. He can't have had much of a life of his own over the past few weeks, but he's been unfailingly courteous and helpful. I'm sure that everyone in Shetland will be aware of just how much he's put into this; as an outsider I'd say that the guy has done a fantastic job. Great outcome so far - you've taken on the big boys and won an important victory. It's not over yet, but I think now it will go your way. Best wishes.

Ron Ferguson

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Thanks again for this Ron. Wonderfully put as usual. Thanks also for all your excellent reporting throughout. Hope our paths cross in the not too distant future.

 

Thanks, Davie. I don't imagine I'll be writing about this case again, so thanks for your help. I think that holding together a broad coalition of people and keeping the focus on the specific issue - while dealing with journalists like me at the same time - isn't easy, but you've done it superbly well.

PS I should add that I've never met Davie in my life, but he's been of great help to me as a journalist. He can't have had much of a life of his own over the past few weeks, but he's been unfailingly courteous and helpful. I'm sure that everyone in Shetland will be aware of just how much he's put into this; as an outsider I'd say that the guy has done a fantastic job. Great outcome so far - you've taken on the big boys and won an important victory. It's not over yet, but I think now it will go your way. Best wishes.

Ron Ferguson

 

Ron

 

Thanks for this and very much appreciated. It was most certainly a pleasure doing business with you, especially as things have ultimately gone 'our' way (lets hope so in the long run anway)

 

Who knows there may be more to come, with Sakchai's case, and others besides but lets hope its all positive from now on.

 

Thanks again for all you great words during the crises. They meant so much to us all

 

Cheers

 

Davie and the team

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Should this thread be unpinned now that everything is back to normal? Sakchai did say that he just wanted everything to return to normal anyway.

 

If not, the just keep posting! :)

 

Could we keep it going until Sakchai's case is well and truely over? ie--the home office appeal is no longer an option?

 

BTW, any ideas when the court's decision will be written out?

Will we be able to see a copy of it here?

How long after they receive it does the HO have to lodge an appeal?

Or should I ask How long is a piece of string??

 

Thanks

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Could we keep it going until Sakchai's case is well and truely over? ie--the home office appeal is no longer an option?

 

There are no immediate plans to close or lock this thread.

Shetlink respects Sakchais wishes for things to "return to normal" but there may well still be "News" to post.

 

The most likely future action that may be taken is to change it from being a "sticky" thread which stays at the top, to having normal status which will allow it to descend down the forum contents list if there are no longer any posts being made. There are no immediate plans to do this either though. :wink:

 

NB The debate thread does warrant a review independant of this one.

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Asylum and Immigration Tribunal website gives answers to some recently asked questions.

 

www.ait.gov.uk

 

In brief (and it is only my interpretation!) -

It appears that the written decision of the AIT should be sent 10 days after the appeal is determined. The Home Office then have 10 days to apply for permission to appeal to the High Court.

 

The implication is that the written determination will be sent shortly.

 

Everything crossed that it ends there!

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