Following a decision from the European Court of Human Rights, the ban on deporting Iraqi asylum seeker Hussein Hussein has been extended. However, the same ban was not extended to his family, who are scheduled to be deported to Greece tomorrow, November 28.
The European Court of Human Rights recently ruled against the deportation of Hussein, who uses a wheelchair. According to RÚV, his family, which includes his brother, mother, and two sisters, intends to cooperate with authorities and to leave “voluntarily.” RÚV reports that this decision was made following a message from the Directorate of Immigration, instructing the family to leave the country, either willingly or under police escort.
This is not the first time Hussein and his family have come into national focus in Iceland. Authorities faced widespread critique last year when he was forcibly removed from his wheelchair during his deportation. He has since fought for his right to remain in Iceland alongside his family, claiming that conditions in Greece for asylum seekers with disabilities are especially dangerous.
Þórhildur Ósk Hagalín, a spokesperson for the Directorate of Immigration, stated that the family’s rejection was in line with procedure. She stated to RÚV: “In this case, the Immigration and Asylum Appeals Board has ruled that these individuals must leave the country. The Directorate of Immigration, as a subordinate authority, cannot alter the decision of the board, and therefore, we have to adhere to that ruling.”
Albert Björn Lúðvígsson, Hussein’s lawyer, stated to RÚV that Hussein’s needs were never formally assessed, and his health condition has only been minimally diagnosed. He stated that Hussein requires substantial assistance in daily life and that, until now, his family has been his primary caretaker.
Albert expressed concern that Hussein will remain here for a long time while the European Court of Human Rights addresses his case. A request for a review of the decision has been submitted, but it is unlikely that a conclusion will be reached before the intended departure date of the family, November 28.
Asked whether adequate care has been ensured for Hussein after his family leaves the country, Þórhildur stated that it is the responsibility of the Directorate of Labour to ensure that service. She continued: “There is an exception to this rule where it is allowed to consider the circumstances of the family as a whole. However, these measures are intended for spouses and children under eighteen. So, even though they are individuals bound by family ties, and one of them certainly needs ongoing care, that alone is not sufficient to delay the decision.”
Regarding the role of the Directorate of Labour in providing asylum seekers with services, Þórhildur also stated: “This should be done in line with their service needs. So, as soon as people arrive in the country, an assessment needs to be made regarding the service they require. In other words, when people seek assistance from the authorities, an assessment of their service needs should be conducted.”
The decision to extend Hussein’s deportation ban and not his family’s has occasioned critique.
One critic is Árni Múli Jónasson, the director of the Disability Alliance, who has called the treatment of Hussein “inhumane.”
“It’s so evident that Hussein, a disabled individual, is heavily reliant on various forms of support from his family, ” Árni stated to RÚV. “Socially, emotionally, physically—to separate the family in this way is tremendously inhumane towards him, and that’s what we are particularly concerned about at the Disability Rights Association. We are of the opinion that if this proceeds as it is, it’s in complete contradiction to what the government states in its policy declaration, that humanity should be the guiding light in these matters. ”
Árni continued: “In our view, there’s no doubt that human rights are being violated here. This is not in line with the obligations resting on the Icelandic state according to the United Nations Convention on the Rights of Persons with Disabilities. So, we implore the authorities not to let this injustice proceed.”