The Home Office Removal Window Abolished

07 March 2019 — Henna Zabir

detention

The pro­ce­dure which was used by the Home Office to set and serve removal win­dows, has now been suspended.

Under the removal win­dow pol­icy, migrants were given between 72 hours and 7 days’ notice that they may be removed from the UK at any point dur­ing the fol­low­ing 3 months with­out being issued with any fur­ther notices or warn­ings. Mr Jus­tice Walker found that there were grounds for real con­cern about the access to jus­tice and sus­pended this pol­icy along with grant­ing per­mis­sion for Judi­cial Review which is likely to be heard in June or July of this year.

The case, against the removal win­dow pol­icy, was brought by the char­ity, Med­ical Jus­tice as they chal­lenged the law­ful­ness of the pol­icy used by the Home Office. The Judge granted interim relief and there­fore the removal win­dow pol­icy has, for now, been sus­pended.

Med­ical Jus­tice stated the following:

“A removal win­dow notice can be given where arrange­ments for the person’s removal has not yet been made. The Home Office’s ratio­nale is to prompt migrants to raise any human rights claims or other rea­sons for remain­ing in the UK. How­ever, migrants are expected to do this within the very short notice peri­ods which is almost impos­si­ble if they do not have a lawyer. Even if they do make those fur­ther sub­mis­sions within the short notice period, there is no time limit on when the Home Office have to make a deci­sion and almost invari­ably it is made dur­ing the removal win­dow – when the migrant does not know when they will be removed. Deci­sions which could be chal­lenged in the courts can then be given to migrants shortly before removal and even on the same day, mak­ing it impos­si­ble for the indi­vid­ual to chal­lenge an unlaw­ful removal.”

This appears to be a major devel­op­ment as migrants often found that the notice period they were pro­vided was unrea­son­able. Some could say that this pol­icy cre­ated a hos­tile envi­ron­ment against these migrants.

It has been reported by BBC News that 69 removals, which were sched­uled for the com­ing days, have been cancelled.

Now we all await the out­come of the legal pro­ceed­ings which are to take place fol­low­ing this decision.

Would you like fur­ther advice?

For the best expert legal advice and out­come on your immi­gra­tion appli­ca­tion con­tact Buck­ing­ham Legal Asso­ciates on 0203 006 2742 or con­tact us online at http://buckslegal.co.uk/contact-us/.

If you would like immi­gra­tion advice please con­tact us!

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