The Daily Telegraph

Deportatio­n flight of Channel migrants blocked for second time

- By Charles Hymas Home Affairs editor and in Madrid

James Badcock

A FLIGHT chartered to deport migrants to Spain has been halted for a second time after human rights lawyers claimed its passengers could end up “homeless” on Madrid’s streets.

Spain agreed to take the 18 migrants back under a European accord that requires migrants to claim asylum in the first EU country they enter.

But on Wednesday evening, a judge injuncted the flight after lawyers for three of the 18 claimed the Spanish asylum system was struggling to cope with an influx of migrants, which had overwhelme­d the Madrid Airport border post, forcing some to sleep rough.

For some of the 18 migrants due to be on the flight, it was the second time their deportatio­n had been halted. Last month, a Home Office-chartered plane due to return 23 migrants to Spain was grounded after successful last-minute legal actions by human rights lawyers. “We are bitterly disappoint­ed with the court’s ruling, which has prevented us from returning people who have no right to be here,” said Priti Patel, the Home Secretary. “This case has not abated our determinat­ion and we have more flights planned in the coming weeks and months.”

A Home Office source added: “The British people will be outraged that despite her best efforts the Home Secretary can’t legally return failed asylum seekers to Spain thanks to spurious grounds spun by activist lawyers.” It is thought to be the first time a deportatio­n flight has been blocked by an injunction. Sir Duncan Ouseley, the judge, said the migrants’ lawyers had raised a serious issue related to reception facilities in Madrid and the flight should not leave until the issue was fully investigat­ed at a trial.

Ms Patel plans to overhaul asylum laws that she has reportedly claimed are being “exploited by Leftie Laboursupp­orting lawyers” who she says are doing everything to stop the Government removing people. She is working on a “fair borders Bill” that would stop people drawing out the asylum process by making them declare all grounds for refugee status when they apply.

Bella Sankey, the director of Detention Action, which campaigns for reform of the immigratio­n detention system, said: “This is a landmark victory for human rights, our common humanity and the rule of law. Three cheers for the lawyers who have ensured this Government, despite its best efforts, is still not above the law.”

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