The New Nation - Internet Edition

Hajira Talbot

After spending 39 years in the courtroom, Senior Judge at the Asylum and Immigration Appeals Tribunal, Khurshid Hassan Drabu, is swapping his powdered wig for gardening gloves. The respected immigration judge retired at the end of July and spoke to The Muslim News about his illustrious career and his plans for the future.

Judge Drabu came to the UK in 1971 from Srinagar, Jammu & Kashmir, to become a barrister. He soon gained a reputation as the leading law immigration and human rights lawyer in the UK. He remembers a time that the laws in the UK were not geared towards protecting the rights of ethnic and religious minorities and says the system has greatly improved since the seventies.

"I have seen the worst of times for immigrants, especially Asians and Caribbeans," recalls Judge Drabu. "It was very difficult for them to secure family rights and bring their families into the UK. Unbeknown to many, young brides were subjected to virginity tests at airports in the early 1970s." This, according to Judge Drabu, was done by immigration officials to prevent the entry of young wives who had not previously co-habited with their husbands.

The early years of his work as an immigration lawyer made Judge Drabu a witness to some horrifying travesties of justice. According to Drabu, hundreds of families have been divided because wives and children were subjected to rigorous interviews, including questions such as the appearance of livestock or pets or the colour of wedding dresses. Any discrepancies were used as the basis for the refusal of family visas.

"After the introduction of DNA testing in the judicial system, I managed to persuade the authorities to conduct a sample DNA test of 100 families which the Government believed to be broken," recalls Judge Drabu. "These tests were carried out in 1986 and 1987 and concluded that 89% had been refused wrongly. This was a huge miscarriage of justice.

"All this indicated an immigration system of this country driven by race, and that is not something to be proud of. However, the Human Rights Act has helped immensely. The problem is that immigration laws are constantly changing. There are so many different laws and the immigration agenda is often hijacked by politicians driven by irresponsible members of the media who create hype against immigrants."

Despite the restrictions and responsibilities of being a judge, Judge Drabu has managed to stay active in the community and he was instrumental in founding the Muslim Council of Britain (MCB) in 1995, an organisation he has continued to support and advise through the years.

A former deputy director of UKIAS and Deputy Legal Director and Head of Litigation for the Commission on Racial Equality, Judge Drabu was the recipient of the Good Citizenship Alija Izetbegovic Award at the Muslim News Awards for Excellence ceremony in 2007. He is also a founder trustee of the Kashmir Medical Relief Trust and was the chairman of the Kashmiri Association of Great Britain from 1997 to 2005 and of Art Asia, Southampton from 1998 to 2002.

Judge Drabu leaves behind an illustrious legacy in a judicial system notorious for its lack of ethnic minorities. But has the judicial system made enough progress to reflect the diversity of this country? Judge Drabu says there has been some progress, but that it has been slow. "There have been times I have felt rather isolated," recalled the judge. "There have been some difficult times, but I managed to stand my ground."

In 2001, Judge Drabu was made Honorary Advisor on Islamic Affairs to the Ministry of Defence and he can be credited for the implementation of policies which give Muslim Armed Forces employees the right to wear the hijab, have access to halal food and take time to observe salat (daily obligatory prayers). In a groundbreaking development, the Armed Forces have employed their first Imam to provide religious advice and support to the approximately 350 Muslim members of the Armed Forces.

"I have never campaigned for Muslims to join the Armed Forces, but I became an advisor to the MoD in order to implement policies that would fully accommodate the requirements of Muslim officers." According to Judge Drabu it was a huge achievement to get the MoD to move forward after being "stuck in the past" and agree to change the way they treated Muslim employees.

"I don't buy the argument that by joining the Armed Forces you are joining the battle against Islam," said Judge Drabu. "For us as Muslims, we have to participate in mainstream things and stand up and say 'This is my country too, and you can't do this.' "

Judge Drabu said that it was unfortunate that levels of discrimination against Muslims in particular, and ethnic minorities in general, was still "very high".

"In this civilised country with its civilised laws, there still remains too much discrimination and a deep fear and hatred of Islam. This is not helped by the actions of those of our own people who use our noble faith to forward their own political agenda. Absolutely nothing can justify the killing of innocent civilians. I can understand the frustrations but we need to engage and participate more in mainstream organisations and institutions and we will certainly make a difference.

(Source: Muslim News)