Domestic servant facing deportation to Malawi says will be ‘destitute’ if she isn’t allowed to stay in UK

Wezzi Gondwe who has been in United Kingdom as a domestic worker in a private household looking after two children of her close relation says she will be a “destitute” is  deported to Malawi after the  UK Home Office has  refused her a right to remain.

Wezi Gondwe with the children
Wezi Gondwe: The decision has effectively rendered me jobless and a destitute

Gondwe was pregnant when she arrived in the UK and now has a 10 month old baby.

She argues that the Home Office should have considered the fact that the non-extension of the Visa would mean termination of her employment.

“The decision has effectively rendered me jobless and a destitute if I return to Malawi. My employment is as good as my property,” said Gondwe.

Currently, there is post-election violence in Malawi which is going on unabetted. Several people have had their property destroyed during the period.  Some have been heavily beaten. It is very risky for me to return to Malawi as baby and I may be targets of the post-election violence,” she said.

She argues that the decision maker ought to have considered Article 1 of Protocol 1 of the European Convention on Human Rights which guarantees the right to property.

The Visa extension refusal, according to her, has the further effect of violating her right to property and right to gainful employment.

“The decision also has the effect of subjecting me to modern slavery when I return to Malawi leaving my employer behind,” she said, this could be contrary to Article 4 of the European Convention of Human Rights which provides for Prohibition of slavery and forced labour.

Gondwe said the fact that the UK Immigration system allowed her to submit the application to be tied with the period of her  employer’s stay in the UK,  it gave her  a legitimate expectation that the Visa would be extended.

“The decision [to refuse me the right to stay is] therefore is a violation of my legitimate expectation,” she said.

Gondwe said she paid over £1000 as Visa extension fee, saying it is substantial amount of money.

“As such, I request that the payment of over £1000.00 visa extension fee should form a compelling factor to extend the Visa on compassionate grounds. The rules allow the decision maker to grant the Visa on compassionate grounds. These were not considered when the decision was being made. Had this important relevant consideration been taken into account, the Visa extension would not have been declined,” she argues.

Gondwe said by working as a domestic servant, she created a bond with her employer’s family including his children.

“I effectively became part of his family. Further, under the Malawian culture, the close bond with my employer means that I am part of his family,” Gondwe aid.

She argues that the rejection of the Visa extension is therefore a violation of Article 8 of the European Convention of Human Rights which provides that:“Everyone has the right to respect for his private and family life, his home and his correspondence.”

Gondwe bemoans that the  decision  to reject her Visa has the effect of violating her  ‘private and family’ contrary to Article 8 of the European Convention of Human Rights hence unlawful under section 6(1) of the Human Rights Act 1998 which  should be examined alongside Article 9 of the European Convention of Human Rights which provides for freedom of thought, conscience and religion.

“My job involves taking care of my employer’s children who have stayed with me for a long time and they call me their ‘mother.’ The decision did not take into account the best interests of my employer’s children.”

Gondwe had no lawyer when she submitted the application for Visa renewal but now hopes with legal advice will submit an appeal before time runs out and she is forced to leave the UK.

A spokesperson for the Home Office said they did not comment on individual cases.

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Tofo
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Tofo

What is there in Malawi for a normal person to go back to?

President Mkango Lion Manthakanjenjemereza
Guest
President Mkango Lion Manthakanjenjemereza

This woman is cheating, we are in Malawi but we are not target of post election violence

Samuel
Guest
Samuel

Kkkkkkk

.COPS
Guest
.COPS

Nanu tamangobwerani kuno iyaaaa……. ma demo mukuopawo ife sakutipha bwanji?? mudzazolowera ndipo ma demo wo akukoma osati pang’ono, tabwerani mudzapange nawo kuno ku mudzi. Ndikupezerani Okala mu Mchesi mu simufa ndi umphawi, tisafa ife eeeeh???

Mbulumbuzi
Guest
Mbulumbuzi

Some people are so desperate. Who can attack you in the post-election demos? Just go straight to your village and start farming. You will stay safe and sound. I have been to the UK but I can confess that both high and low class live in total destitute conditions. People do not have life of their own. They are always chasing money. Malawi will always be my paradise. Izi za demos zitha posachedwa. Malawians are not violent. we are used to being so peaceful. We cannot keep on with this for a long time. Jane Ansah will go. Black or… Read more »

GRM
Guest
GRM

I sympathise with her. I wish she stays. I wish she gets a lawyer. Otherwise the reasons she is giving are not valid. Angonyazitsa Malawi.

Yasser Arafat Hamdani
Guest
Yasser Arafat Hamdani

But atumbuka,? Shaa! Wezzie Gondwe should return and contribute to her home in kuthengere. No one is being beaten. Leave azunguland for the azungu owner and go back to kuthengere owned by atumbuka like Mtambo.

Joni's kadijose
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Joni's kadijose

Just go back home.its safe here.you are embarrassing us with your lame excuses.

Njolo mpilu
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Njolo mpilu

azathu ali mdi lamulo li.odzi lokhudza aliyese. osati nyasi zaacina uladi mussa kuti eni dziko ai koma alendo kupatsidwa malo ndi passport.
kazibwerani ma lawyers akutherani ndalama. kulibe ziphuphutu kumeneko

Elube
Guest
Elube

You have wasted your visa renewal money and you are being given bad advise. Just come back home. Forget about Articles..UK want to get out of EU because of people like yourself trying to exploit the EU laws.

SEND HER BACK
Guest
SEND HER BACK

Can you imagine someone lying that returning to Malawi will subject her to modern day slavery? I felt sorry for her at first that she would lose the current comfortable situation because her visa wasn’t extended but that is the part where she lost my sympathy. When she said we are in modern-day slavery.Really?Yes there is demo violence but please don’t lie that Malawi is currently inhabitable.They want to tell us that this woman can’t get a job as a domestic servant here? And who is the father of the 10 month old? Akuchimuna can’t help with the kid? What… Read more »

INYA MAVI NDIKULEKI
Guest

All this is because of TIPPEX we are suffering in diaspora —-please Peter jane dausi mchacha Ben kunsaila forgive us Malawians —‘