Removal policy breaches common law right of access to a court
Author Colin Yeo on Free Movement blog. Could we use this in the Dutch practise as well where a VOVO is supposed to work only when a date is known and where people sometimes are deported from detention before their case is heard. Hot on the heels of this summer’s confected controversy over last minute legal challenges to removals of asylum seekers, the Court of Appeal has ruled that the Home Office’s ‘removal window’ policy is unlawful because it denies the common law right of access to a court. In a timely reminder to ministers and officials, the Court held that ‘the right of access to a court is an absolute and inviolable right’ which ‘is not a relative right to be balanced against other rights and interests, the convenience of the executive or the courts, or the risks of abuse of process.’ Some may bridle at the idea of migrants being entitled to legal protections. It was exactly that sort of thinking which led to the denial of the rights of the Windrush generation, wh...