Fast-Track Deportation Declared Unlawful

The Home Office policy of fast-track deportation for foreign nationals refused permission to remain in the UK has been declared unlawful by the High Court.

Mr Justice Silber ruled that the policy meant that people were being given "little or no notice" of removal and were deprived of access to justice.

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

The current practice is to give those facing deportation 72 hours notice. However, an "exceptions policy" was introduced in March 2007, which created categories in which the time-frame could be shorter. This policy had been widened again in January.

At a hearing at London's High Court last month, Dinah Rose QC, acting for Medical Jusitce, said that in some cases, immigration officers had used the policy to swoop on people late at night and escort them to flights just hours later.

Home Office lawyers had argued that the policy was "sufficiently flexible" to avoid any breaches of human rights, arguing that detainees were given as much notice as possible.

However, Mr Justice Silber has rejected their case, although he granted the Home Office permission to appeal the decision, saying that the case had raised issues of general public importance, including the constitutional right of access to justice.

(KMcA)