Appeal over deportation ruling

A judge has declared "unlawful" a Home Office policy targeting people for removal with "little or no notice".

The court heard the general practice is to give 72 hours notice of removal directions, allowing deportees time to seek to launch legal challenges.

But an "exceptions policy" was introduced in March 2007 and widened in January this year for certain categories of failed asylum seekers.

Mr Justice Silber, sitting in London, yesterday quashed the policy, ruling: "It is clear that the new policy fails to ensure that those who receive reduced periods of notice will be able to obtain legal advice in the time available before they are removed."

The judge said the right of access to justice was an important constitutional right.

Later a Home Office spokesman said: "We are disappointed with the court's judgment and we will be appealing."

The policy has been applied in "exceptional cases" where the Home Office thinks reduced notice is appropriate because serving removal directions creates a risk of a detainee attempting suicide or self harm.

It has also been applied where the Home Secretary believes 72-hour notification is "not in the best interests" of unaccompanied children; where it is believed notifying an individual risks another being harmed, such as a child; and where reduced notice is necessary "to maintain order and discipline" at a detention centre.

In his ruling, the judge said one case he found "disturbing" was that of teenage girl "T", from Eritrea, who was taken from her home at 4am one morning and – unable to contact her lawyers – flown to Italy just hours later.