Independent, The (London): Iranian woman told: Go home or children will be removed

A mother fleeing religious persecution in Iran faces having her six- month-old baby taken into care unless she agrees to return home.

Zohreh Khanali, 27, and her husband Vahid, 38, could be separated from their children, six-month-old Mobina and Parisa, 6, as early as the end of this week, lawyers claimed yesterday after an immigration tribunal ruling in favour of the Home Office.

The case, part of a government clampdown on failed asylum- seekers, was yesterday condemned as 'inhumane' because it forces families to choose between destitution in Britain or persecution in Iran.

The Khanali family, who are living in Bury, have already lost their battle for political asylum but since arriving in this country two years ago have won support from local councillors, their church and the governors of a primary school where Parisa is being educated.

The new law being piloted in Greater Manchester, West Yorkshire and north London, is aimed at encouraging families to volunteer to return home after being rejected for asylum in this country. Failed asylum-seekers who agree to leave the country are allowed to keep their benefits.

Mr and Mrs Khanali are Iranian Christians who fear persecution from the security forces in Iran because of their religious beliefs.

John Nicholson, representing the family on behalf of Bury Law Centre, said yesterday: 'The Khanalis are being forced into a game of Russian roulette " they must either return to face persecution in their native country or lose their children to social services. The new law clearly violates international human rights protections to which the UK is party ... This law is unworkable and places local authorities in a balancing act of adhering to draconian national immigration laws while acting in the best interest of local residents.'

Section 9 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 amends the earlier 2002 legislation, so that families with children can be deprived of housing and basic support if their initial asylum claim is refused.

Earlier this month, councils in Greater Manchester, Yorkshire, Humberside and Lancashire wrote to the Home Office seeking a review of Section 9 to ensure children will not be subjected to distress and suffering. The British Association of Social Workers, the Association of Social Services Directors, and the Children's Commissioner have also asked the government to reconsider Section 9.

Mr Nicholson added: 'This 'pilot' is inhumane in its creation and its implementation. People have fled persecution and need our support. Social workers have been trained to keep loving, caring families together, not split them up.'

Before the new law came into force anyone with children under 18 would still qualify for support if refused asylum. But under Section 9, support can be withdrawn if no attempt is made to leave Britain.

A spokesman for the family's lawyers said that once the full tribunal reasons had been published they would consider challenging the ruling in the High Court.