72 HOURS DEPORTATION NOTICE RULED UNLAWFUL
Court declares that rules which observed tens of thousands of migrants deported by force, including members of the Windrush generation, lets ‘no opportunity’ for righteousness and is ‘arbitrary and thus unlawful’
The UK Home Office law letting migrants as little as three days’ notice before removal is judged illegal by Appeal Court judges
The Court of Appeal discovered the policy formed ‘an offensive risk of meddling with the right of access to court.’
A human rights’ charity, Medical Justice, took legal action over the rule by which migrants were provided three and seven days’ notice that they could be deported from the UK at some point during the next 90 days without further notices.
The campaign group claimed that it would be terrible for those who do not currently have a lawyer to attain one in the notice period, meaning the policy presented ‘a serious risk to the rule of law’.
In September 2019, the High Court declined Medical Justice’s claim that the UK Home Office had ‘curtailed or removed the right of entry to court to challenge (its) verdict.
Mr Justice Freedman discovered that the UK Home Office had involved ‘a whole series of safeguards’ in the rules which he mentioned ‘function so as to reserve instead of to impede access to justice’.
But Medical Justice Health Rights for Detainees took its case to the Court of Appeal, which unanimously declared on Wednesday that the rule was illegal as it led to ‘a real jeopardy of denial of access to justice’.
A UK Home Office spokesperson stated: ‘Our immigration and asylum system is fundamentally broken and we are determined to introduce a new system that is fair, firm and will expedite the removal of those who have no legitimate claim for protection.’
Furthermore, the UK Home Office sources mentioned that the court found the deportation windows intruded with an individual’s access to legal guidance. It did not mention that deportation windows were illegal.