The United Kingdom Border Agency (UKBA) last week lost a landmark case in the Appeal Court regarding removal (deportation) of migrants from the UK.
The Migrants are denied the right of access to the court if they are given under 72 hours’ notice of their removal from the UK, the Court of Appeal ruled yesterday. The judgment frustrates the UK Border Agency’s aim to win permission for zero-notice removals.
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In an ex tempore judgment read by Lord Justice Sullivan, sitting with the Master of the Rolls and Lord Justice Maurice Kay, the Court of Appeal dismissed UKBA’s appeal against the decision of the High Court to allow a claim for judicial review by the charity, Medical Justice.
The case bought by Medical Justice challenged the lawfulness of exceptions to UKBA’s general policy that requires at least 72 hours’ notice to be given to immigrants of their removal.
The policy, which came into effect in January 2010, allowed certain individuals who had made unsuccessful claims to enter or remain in the UK, to be issued removal directions with little or no notice of their removal.
In the High Court in July 2010, Mr Justice Silber quashed the exceptions to the policy. He agreed with Medical Justice that the policy fails to ensure that the person subject to removal will have access to justice, because they would have no realistic chance of asking the court to intervene to stop the removal where it was unlawful.
Read full details in the Law Gazette
(Related: Read the High Court's earlier ruling)
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