London, July 26: British high court on Monday quashed the home office policy of fast-track deportation of foreign nationals refused permission to remain in the UK, declaring it was unlawful.
The home office’s general policy involves giving foreigners facing deportation 72 hours notice of removal directions. However, its “exceptions” policy allows the home office to deport a foreigner, who was refused permission to remain in the UK, can be deported with little or no notice. The exception category includes five groups like vulnerable foreigners who are at risk of suicide or self-harm and children, who arrived in the UK unaccompanied and may abscond because they cannot be detained.
However, Justice Sir Stephen Robert Silber ruled that for a foreigner subject to a removal direction must be in a position to challenge the decision in the courts, which is impossible for these categories. “The policy is unlawful and must be quashed,” he said.
“The court considered evidence of the practical difficulties of obtaining legal assistance in such a short space of time: first, an immigration lawyer would have to be contacted; second, s/he may not be able to take on the case at such short notice; third, crucial documents were likely to be unavailable; fourth, financial assistance (legal aid) would be difficult to obtain; and, fifth, it would be difficult for a legal adviser to be able to advise and obtain an injunction stopping removal in the limited time available,” according to the charity Public Law Project, which represented Medical Justice in the court. Medical Justice provides independent medical and legal advice to detainees in immigration removal centres.
“The exceptions policy made no provision to defer removal if a person with possible grounds to challenge the removal had been unable to make contact with a lawyer despite using best efforts to do so,” PLP added.
However, the home office got permission to appeal against the decision. Sir Silber said the case raised issues of general public importance, including the constitutional right of access to justice.