Daily Mail : "Border policy turmoil as fast-track deportations for asylum seekers ruled illegal"
Written by Emma Ginn   
By Daily Mail Reporter

Last updated at 4:02 PM on 26th July 2010

"Border policy in turmoil as fast-track deportations for asylum seekers are ruled illegal

A Home Office policy which allows the speedy deportation of foreign nationals refused permission to remain in the UK was ruled unlawful by the High Court today.

A judge ruled that the policy meant people were being given 'little or no notice' of removal and deprived of access to justice.

The decision was a victory for Medical Justice, which provides independent medical and legal advice to detainees in immigration removal centres.

Mr Justice Silber, sitting at the High Court in London, gave the Home Office permission to appeal against his decision, saying the case raised issues of general public importance, including the constitutional right of access to justice.

There is a general Home Office practice of giving those facing deportation 72 hours notice of removal directions.

Today's legal challenge was triggered by an 'exceptions policy', introduced by the Government in March 2007 and widened in January this year.

The policy creates categories in which an individual can be given little or no notice.

The categories include vulnerable people who are at risk of suicide or self-harm, and also children who arrived in the UK unaccompanied and may abscond because they cannot be detained.

Dinah Rose QC, appearing for Medical Justice, said UK Border Agency officers had used the policy to swoop late at night and escort people to flights leaving only a few hours later.

Distressed individuals were deprived of the chance to speak to a lawyer and, if so advised, launch last-ditch challenges against removal.

Home Office lawyers argued at a hearing at London's High Court last month that the exceptions policy was 'sufficiently flexible' to ensure there were no human rights breaches.

They said detainees were given as much notice as possible and safeguards had been put in place.

But today Mr Justice Silber rejected the Home Office case.

He said the new policy failed to ensure that those who received reduced periods of notice were able to obtain legal advice before they were removed.

The judge declared: 'The policy is unlawful and must be quashed.

'Medical Justice was represented in court by the Public Law Project (PLP), a charity which acts on behalf of poor and vulnerable members of the public who lack resources to go to court.

Diane Astin, who worked on today's case for PLP, said later: 'This is a tremendous judgment.

'The UK Border Agency (UKBA) said it had in place safeguards which guaranteed access to justice.

'The judge looked at the evidence and said that, in practice, there was no access to justice because of time constraints.'

Ms Astin said today's ruling was of great legal significance because the judge also spelt out clearly what constituted access to justice.

She said: 'It is very easy to bandy around the term 'access to justice' but this judgment considers what is necessary to ensure that some of the most vulnerable people have 'access to justice' - and found that those subject to the UKBA exceptions policy did not.'

A Home Office spokesman said: 'We are disappointed with the court's judgment and we will be appealing.

'The policy of making limited exceptions in special circumstances to 72-hour notification of immigration removal has been an important element of our management of removals.

'The Government remains committed to removing individuals with no right to be in the UK as quickly as possible.'

Donna Covey, chief executive of the Refugee Council, welcomed today's ruling.

She said: 'Too many people who are refused asylum here and end up facing removal have been let down by the asylum process, and have serious grounds for appeal if given the chance.

'Many of these people have fled conflict and war, are extremely vulnerable, and deserve protection.'"

Article on the Daily Mail website

Last Updated ( Tuesday, 27 July 2010 )