All Articles: removal windows

The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...

12th April 2022
BY Jed Pennington

Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well as formally entering, making it almost impossible to claim asylum in the UK without first committing a criminal offence. People helping asylum seekers get to...

14th July 2021
BY Iain Halliday

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...

22nd October 2020
BY Colin Yeo

On 14 March the High Court suspended the Home Office’s removals policy. The decision means that the system of giving migrants “removal windows” within which they can be removed from the UK without warning will be halted for the time being. Mr Justice Walker, in a case brought by the...

18th March 2019
BY Alex Schymyck

In R (FB and NR) v Secretary of State for the Home Department [2018] UKUT 428 (IAC), the appellants challenged the legality of the Home Secretary’s removals policy (traditionally known as Chapter 60 of his Enforcement Guidance and Instructions, now titled Judicial reviews and injunctions). Specifically, the challenge tackled the...

14th December 2018
BY Husein Meghji

Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). The nub of the decision was that where the Secretary of State refuses an application on the basis that the...

6th April 2018
BY Bilaal Shabbir

The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken place in breach of a High Court order,...

26th February 2018
BY nicknason

The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Department [2017] EWHC 2714 (Admin), HHJ Walden-Smith...

13th December 2017
BY Chai Patel
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