FOUR Newport children face deportation to China with their mother if her High Court bid to stay in the country fails.

Xiu Fang Zhang, 34, who lives in Newport with her children and husband Jong Ke Lin, 37, has launched a challenge to the Home Office’s decision to refuse her asylum.

The High Court heard Mrs Zhang, of Mellon Street, is terrified her children could be taken away from her if she is forced to return to China.

Her lawyers said the country has a policy permitting one child for urban families and two for those in some rural areas.

Speaking to the Argus yesterday, Mrs Zhang said she faces a fine of 100,000 Chinese Yuan for each child above the permitted number, around £10,000 per child.

She also said because her children were not born in China, they would not be allowed to get a state education, spoiling any hopes they had for the future.

Lawyers arguing her case say sending her home would violate her and her children’s human rights.

Mrs Zhang came to Britain in September 2003.

Despite being refused asylum shortly after her arrival as officials disputed her claims she was from the persecuted Falun Gong religious minority, she remained here and had four children.

Her eldest child, Tina, four, born in London, goes to St Woolos Primary School and her son Joe, who turns three this month, born in Cardiff, is due to start school in December. Mrs Zhang said she fears for her children’s education if they were deported.

She also has six-month old twins, Louis and Toby, born in Newport’s Royal Gwent Hospital.

Earlier this year, Mrs Zhang applied for indefinite leave to remain in Britain under the Home Office’s Legacy Scheme, which gives preferential treatment to immigrants who have lived in the UK for long periods, but was refused.

She has now mounted a judicial review challenge to the Home Office’s decision at the High Court in London.

Judge James Dingemans QC ruled her case “arguable” and granted her permission to have the Home Office’s decision judicially reviewed at the High Court later this year.

He said recent judgements have emphasised the importance of considering children’s human rights in immigration decisions.

EDITORIAL COMMENT: Dilemma over deportation

THE case of the illegal immigrant who is fighting deportation certainly provides the courts with a dilemma.

Xiu Fang Zhang came to Newport illegally. She has lived here for eight years and at times worked here. During this time she has had four children.

Now she is fighting deportation saying China’s one-child policy means sending her home would violate her and her children’s human rights.

Mrs Zhang applied for indefinite leave to remain in Britain under the Home Office’s Legacy Scheme, which gives preferential treatment to immigrants who have lived in the UK for long periods, but her application was refused earlier this year.

Her case has been declared “arguable” and she has now been granted permission to have the Home Office’s decision judicially reviewed at the High Court later this year. Under normal circumstances, this paper would not support illegal immigrants under any circumstances.

This case, however, is slightly more complicated because this woman’s children, who were born here and are therefore British in nationality, are also threatened with deportation. Clearly the children have a right to be in this country.

Mrs Zhang claims the children would be taken from her if she is sent back.

There is no proof of this, however, China’s child policies are no secret.

What we find difficult to understand is why the courts are insisting the children are deported in the first place and why they can’t stay in Newport with their father.

We do not condone the actions of Mrs Zhang. She lived and worked here illegally.

But the fact she has four children born and living here certainly throws a different light on what would otherwise be a clear cut deportation case.

We’d like to hear our readers’ views on the matter.