Border control blow as judge rules rapid deportations ‘illegal’
A DRIVE to tighten Britain’s border controls suffered a severe setback yesterday when the policy of fast-tracking deportations of failed asylum seekers was ruled unlawful.
Mr Justice Silber ruled that the Home Office scheme of rapid removal for foreigners not entitled to remain in Britain risked depriving people of “access to justice”.
His judgement in the High Court outlawed deportations carried out within a 72-hour time limit currently used in exceptional circumstances.
Last night, the Government vowed to appeal against the ruling as MPs were infuriated that attempts to control immigration were being undermined by the law courts.
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.” Tory backbencher Philip Davies blamed human rights legislation for the latest setback to border controls.
He said: “I just hope that one day the Government realises the obvious solution is to scrap the Human Rights Act, as we promised before the election.
“It does so much damage and stops us from having a sensible immigration policy.”
At present, most foreigners facing deportation are given 72 hours notice of removal, allowing them time to get legal advice or launch an appeal.
But under a policy introduced in 2007 and extended earlier this year, individuals in certain categories can be sent overseas within a few hours.
These could include unstable people at risk of suicide or self harm, and children who may abscond. The court ruling was a victory for Medical Justice, which provides medical and legal advice to detainees in immigration removal centres.
Dinah Rose QC, for Medical Justice, said that Border Agency officers had swooped late at night and escorted people to flights. Individuals had no chance to speak to a lawyer or launch last-ditch challenges.
Home Office lawyers insisted the policy was “sufficiently flexible” to ensure human rights were not breached.
But Mr Justice Silber ruled it failed to ensure that people could obtain legal advice before they were removed. He said: “The policy is unlawful and must be quashed.” Emma Ginn, of Medical Justice, claimed the practice had grown from 24 cases in its first year to 145 cases annually.
She said: “What’s so vile is that it was the most vulnerable who were being targeted.
“They will now have to give 72 hours notice, but since they can give it on a Friday night it will still only provide one working day’s notice of deportation.”
Donna Covey, chief executive of the Refugee Council, said: “Too many people who are refused asylum have been let down. They have serious grounds for appeal if given the chance. Many have fled conflict and war, are extremely vulnerable, and deserve protection.”
