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Removals to DRC


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There have been a few emails flying around amongst refugee lawyers recently about a court-ordered suspension on removals to the Democratic Republic of Congo. NCADC have posted up some information about the situation. In summary, a high court judge recently ordered that a removal to DRC was suspended until after the Asylum and Immigration Tribunal has determined a Country Guideline case on removals there.

The argument that NCADC are suggesting can be run — and they are probably right — is that no other DRC nationals should be removed there, nor should any DRC nationals currently be detained as their removal can no longer be said to be imminent (usually a prerequisite for lawful detention). The determination in question isn’t likely to be issued until October or November this year. Even then, as with other Country Guideline cases, there may well be further legal challenges.

I seriously doubt that any suspension would continue during legal challenges. I am assuming, of course, that the Country Guideline case will go against the immigrant, as important CG cases almost invariably do.

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.