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Iraqi removals flight

Iraqi removals flight

iraq032403a1News just in: Mr Justice Davis sitting in the High Court has ordered the Home Office to disclose ‘details of the route and destination’ of a proposed removals flight to Iraq. Rumours about this charter flight have been flying and the Home Office have been, unusually, refusing to provide any details of the flight’s destination within Iraq. Mark Henderson, instructed by Refugee and Migrant Justice, has secured an order for information to be given to one applicant and for his removal to be stayed pending compliance with the order.

The Home Office have not complied.

This is a case where the Home Office is trying to have it both ways. In GH v SSHD [2005] EWCA Civ 1182 they argued that the route and destination of removal could not be considered by the tribunal but could be subjected to judicial review when the precise route and destination of removal were decided. Now, they are claiming that there is no need to disclose this information.

Will the Home Office prove unwilling to disclose the information and cancel the flight? Will they seek to appeal the decision to make the order? Will they just provide the information as ordered? Or will they just go ahead anyway and break the law? If I find out, I’ll let you know.

Free Movement
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.

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