3. Urgent Question: Bashir Naderi

– in the Senedd on 9 November 2016.

Alert me about debates like this

(Translated)

[R] signifies the Member has declared an interest. [W] signifies that the question was tabled in Welsh.

Photo of Ann Jones Ann Jones Labour 3:15, 9 November 2016

The Llywydd has accepted two urgent questions under Standing Order 12.66, and I call on Neil McEvoy to ask the first urgent question.

Photo of Neil McEvoy Neil McEvoy Plaid Cymru 9 November 2016

(Translated)

In light of the imminent possible removal of Bashir Naderi from the UK next Tuesday, will the Minister consider making representations to stop this from happening? EAQ(5)0063(CC)

Photo of Carl Sargeant Carl Sargeant Labour 3:15, 9 November 2016

I thank the Member for his question. I am sympathetic to the circumstances of this case, but immigration is not a devolved issue and it’s not the Welsh Government’s practice to make representation on individual cases. I know that Assembly Members have made representation to the Home Office, and others may wish to join them in this.

Photo of Neil McEvoy Neil McEvoy Plaid Cymru 3:16, 9 November 2016

I know that immigration isn’t a devolved matter, but communities are, so hence you’re taking the question, and I’m really pleased that the statement of opinion is going from the Assembly; that is really important. But I think if the Government were to make a statement then that would make the case even stronger, and that’s why we’re elected: to stand up for the people of Wales. So, I urge you to do so.

Photo of Carl Sargeant Carl Sargeant Labour

I understand that many elected Members have made representations, to which the Home Secretary is answerable, and they’ve made a strong case. Indeed, the Cardiff MPs have done so, and they made a strong case representing Mr Naderi’s case and I hope the Home Secretary will take notice of the views expressed here and amongst the wider Welsh public. However, immigration policy is not devolved to the Welsh Government.

Photo of Jenny Rathbone Jenny Rathbone Labour 3:17, 9 November 2016

I appreciate that the Government can’t intervene on something that’s not a devolved matter, but I just think it’s important that we express our concern. Today I met the family of Nicole Cooper, who is the partner of Mr Naderi, and the father is a former police officer with 30 years’ service, and the son, who is the brother of Nicole Cooper, has represented Wales in the 300m jump—the 400m, sorry. So, this is an exemplary family and an exemplary young man, and it’s causing huge concern in the community amongst people who’ve met this young man and who’ve been at school with him, who’ve been at college with him, and who realise just what a contribution he could be making in Wales.

So, it was fantastic to have such a great show of solidarity amongst all four parties here in the Senedd, on the steps this afternoon, but I just think that we just need to be showing our concern at this ripping apart of a valued member of this community.

Photo of Carl Sargeant Carl Sargeant Labour 3:18, 9 November 2016

We’re very grateful for the comments by Jenny, and I know Julie Morgan and Lynne Neagle have also made representation to me. I am sympathetic to the case, but I am not the decision maker here, and I am sure the Member is aware of that. The process here is a clear one, whereby representation needs to be made to the Home Secretary, which I know that Members have done in this Chamber. It is only right that Members are able to express their views and support for the family and for the individual in this case in this Chamber, but, unfortunately, this is not a devolved matter. I do not have any responsibility around this.

Photo of Caroline Jones Caroline Jones UKIP

Cabinet Secretary, I fully support the intervention with the Home Office in order to prevent this deportation. I commend Jenny Rathbone, Julie, and Neil McEvoy in bringing this constantly to the Chamber. Cabinet Secretary, will you speak to the Home Secretary to urge them to reconsider in this instance?

Photo of Carl Sargeant Carl Sargeant Labour 3:19, 9 November 2016

As I responded to the others, I refer the Member to my previous response to the Members. It is a matter for individuals to make representation as the elected Members representing those bodies. I would advise the Member to write directly to the Ministry in order to make her representation known.

Photo of Rhun ap Iorwerth Rhun ap Iorwerth Plaid Cymru

I think we all hear what you’re saying, Cabinet Secretary, in that Assembly Members, of course, have made their voices heard. But, whilst this is not a devolved matter, and we also accept that point, it is quite appropriate for the Government to make its opinions known and to make representations to UK Government on non-devolved matters. Would the Cabinet Secretary agree with me on that?

Photo of Carl Sargeant Carl Sargeant Labour

I think I’ve made my response very clear. I am sympathetic to the circumstances of this case, and the Members have brought it to my attention during this debate and earlier. However, this isn’t the responsibility of Welsh Government—it’s a matter for the Home Office, and therefore Members must make their representation to the Home Office for them to make the appropriate decision. It’s not normal practice for the Welsh Government to make representation for individual cases here in Wales.

Photo of Julie Morgan Julie Morgan Labour 3:20, 9 November 2016

Bashir Naderi is a constituent of Jenny Rathbone, but many of his friends and supporters live in Cardiff North. In particular, I was approached by a young woman who lives in Cardiff North—his friend—who said, ‘Bash may have been born abroad, but he is now Welsh’. He’s been brought up by a foster family—she’s still his mum—he’s been educated here, he has no contacts in Afghanistan, and it just seems to me absolutely inhumane that, at the age of 18, the Home Office then decide, ‘Right, he goes back’. I accept entirely what you’re saying that immigration is not devolved, but if a person who has received all the services from Wales, and who wants to contribute back to Wales, is snatched in this inhumane way, is there some way that the Government can communicate with the Home Office about this practice, this way of operating? Because I am aware of other people that this has happened to in this sudden fashion, and I do feel that if this happens to someone who lives in Wales, we do have a responsibility here in the Senedd.

Photo of Carl Sargeant Carl Sargeant Labour 3:21, 9 November 2016

Of course, again, I recognise the absolute commitment by Members in this Chamber to the support of Bashir. The issue is, of course, a technical one that the Home Office has to make these decisions. If it was my decision, it may be a very different discussion we’d have. I can give you assurances that I’m sure the Home Office will be made fully aware of this discussion and urgent question here today, and the Minister will be informed of your points of view in that process.

Whoops! There was an error.
Whoops \ Exception \ ErrorException (E_CORE_WARNING)
Module 'xapian' already loaded Whoops\Exception\ErrorException thrown with message "Module 'xapian' already loaded" Stacktrace: #2 Whoops\Exception\ErrorException in Unknown:0 #1 Whoops\Run:handleError in /data/vhost/matthew.theyworkforyou.dev.mysociety.org/theyworkforyou/vendor/filp/whoops/src/Whoops/Run.php:433 #0 Whoops\Run:handleShutdown in [internal]:0
Stack frames (3)
2
Whoops\Exception\ErrorException
Unknown0
1
Whoops\Run handleError
/vendor/filp/whoops/src/Whoops/Run.php433
0
Whoops\Run handleShutdown
[internal]0
Unknown
/data/vhost/matthew.theyworkforyou.dev.mysociety.org/theyworkforyou/vendor/filp/whoops/src/Whoops/Run.php
    /**
     * Special case to deal with Fatal errors and the like.
     */
    public function handleShutdown()
    {
        // If we reached this step, we are in shutdown handler.
        // An exception thrown in a shutdown handler will not be propagated
        // to the exception handler. Pass that information along.
        $this->canThrowExceptions = false;
 
        $error = $this->system->getLastError();
        if ($error && Misc::isLevelFatal($error['type'])) {
            // If there was a fatal error,
            // it was not handled in handleError yet.
            $this->allowQuit = false;
            $this->handleError(
                $error['type'],
                $error['message'],
                $error['file'],
                $error['line']
            );
        }
    }
 
    /**
     * In certain scenarios, like in shutdown handler, we can not throw exceptions
     * @var bool
     */
    private $canThrowExceptions = true;
 
    /**
     * Echo something to the browser
     * @param  string $output
     * @return $this
     */
    private function writeToOutputNow($output)
    {
        if ($this->sendHttpCode() && \Whoops\Util\Misc::canSendHeaders()) {
            $this->system->setHttpResponseCode(
                $this->sendHttpCode()
[internal]

Environment & details:

Key Value
type senedd
id 2016-11-09.3.25341.h
s representations NOT taxation speaker:26137 speaker:26239 speaker:26244 speaker:26252
empty
empty
empty
empty
Key Value
PATH /usr/local/sbin:/usr/local/bin:/usr/sbin:/usr/bin:/sbin:/bin
PHPRC /etc/php/7.0/fcgi
PWD /data/vhost/matthew.theyworkforyou.dev.mysociety.org/theyworkforyou/www/docs/fcgi
PHP_FCGI_CHILDREN 0
ORIG_SCRIPT_NAME /fcgi/php-basic-dev
ORIG_PATH_TRANSLATED /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs/section.php
ORIG_PATH_INFO /senedd/
ORIG_SCRIPT_FILENAME /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs/fcgi/php-basic-dev
CONTENT_LENGTH 0
SCRIPT_NAME /senedd/
REQUEST_URI /senedd/?id=2016-11-09.3.25341.h&s=representations+NOT+taxation+speaker%3A26137+speaker%3A26239+speaker%3A26244+speaker%3A26252
QUERY_STRING type=senedd&id=2016-11-09.3.25341.h&s=representations+NOT+taxation+speaker%3A26137+speaker%3A26239+speaker%3A26244+speaker%3A26252
REQUEST_METHOD GET
SERVER_PROTOCOL HTTP/1.0
GATEWAY_INTERFACE CGI/1.1
REDIRECT_QUERY_STRING type=senedd&id=2016-11-09.3.25341.h&s=representations+NOT+taxation+speaker%3A26137+speaker%3A26239+speaker%3A26244+speaker%3A26252
REDIRECT_URL /senedd/
REMOTE_PORT 36694
SCRIPT_FILENAME /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs/section.php
SERVER_ADMIN webmaster@theyworkforyou.dev.mysociety.org
CONTEXT_DOCUMENT_ROOT /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs
CONTEXT_PREFIX
REQUEST_SCHEME http
DOCUMENT_ROOT /data/vhost/matthew.theyworkforyou.dev.mysociety.org/docs
REMOTE_ADDR 3.14.134.18
SERVER_PORT 80
SERVER_ADDR 46.235.230.113
SERVER_NAME matthew.theyworkforyou.dev.mysociety.org
SERVER_SOFTWARE Apache
SERVER_SIGNATURE
HTTP_ACCEPT_ENCODING gzip, br, zstd, deflate
HTTP_USER_AGENT Mozilla/5.0 AppleWebKit/537.36 (KHTML, like Gecko; compatible; ClaudeBot/1.0; +claudebot@anthropic.com)
HTTP_ACCEPT */*
HTTP_CONNECTION close
HTTP_X_FORWARDED_PROTO https
HTTP_X_REAL_IP 3.14.134.18
HTTP_HOST matthew.theyworkforyou.dev.mysociety.org
SCRIPT_URI http://matthew.theyworkforyou.dev.mysociety.org/senedd/
SCRIPT_URL /senedd/
REDIRECT_STATUS 200
REDIRECT_HANDLER application/x-httpd-fastphp
REDIRECT_SCRIPT_URI http://matthew.theyworkforyou.dev.mysociety.org/senedd/
REDIRECT_SCRIPT_URL /senedd/
FCGI_ROLE RESPONDER
PHP_SELF /senedd/
REQUEST_TIME_FLOAT 1732290753.3449
REQUEST_TIME 1732290753
empty
0. Whoops\Handler\PrettyPageHandler