Fury as top judge stops asylum seekers being deported to Spain
‘Bitterly disappointed with the court’s ruling’
A HIGH Court judge was accused of lacking common sense last night after stopping the Home Office from deporting three asylum seekers who arrived in Britain after crossing the Channel in small boats.
The men were due to be sent on a charter flight to Spain, the first European country they entered on their journeys to Britain.
But Sir Duncan Ouseley ruled that they had to stay in Britain because there was a danger they would be destitute in Spain.
The three men, a Syrian and two from Yemen, had travelled to Britain from north Africa, but first set foot on the European mainland in Spain.
EU rules say illegal immigrants should be deported to the first EU country they arrived in, and Spanish authorities had agreed they should be returned and make asylum claims there.
Asylum seeker campaign groups welcomed the ruling, but Alp Mehmet, of the Migration Watch UK think-tank, accused judges of taking an unreasonable approach to asylum law.
He added: ‘This is a clear example of a case where the courts seem to have forgotten to use common sense. They have consistently avoided doing what most people in this country would expect them to do. It is not the first time this has happened and it won’t be the last, but that doesn’t make it any more acceptable to the majority of people in this country.’
Lawyers representing the three men said there had been criticism of Spanish recepdeported tion facilities, with reports of asylum seekers being forced to sleep rough because the border post at Madrid Airport had been ‘overwhelmed by demand’.
The men were also said to be vulnerable and have mental health issues.
Sir Duncan said this was a ‘serious issue’ and the risks they faced should be investigated at another hearing.
His decision is also thought to affect the removal of other asylum seekers due to be on the same flight. Bella Sankey, of the immigration campaign group Detention Action, said: ‘This is a landmark victory for human rights, our common humanity and the rule of law.
‘Of course the UK must not deport those fleeing persecution to near-certain homelessness and destitution.’
Home Secretary Priti Patel said: ‘We are bitterly disappointed with the court’s ruling, which has prevented us from returning people who have no right to be here.
‘This case has not abated our determination and we have more flights planned in the coming weeks and months.’ ÷ THIS September has already become the busiest month ever recorded for migrants crossing the Channel in small boats, with at least 1,490 making the treacherous journey across the world’s busiest shipping route. The total for the year is 6,515. Dan O’Mahoney, Clandestine Channel Threat Commander, said: ‘These migrants are leaving France – a safe country where those seeking refuge can and should claim asylum, rather than attempting these perilous crossings to the UK.’