Exclusif: Rate of deportation orders appealed more than halves in two years, raising questions over why government is pushing to limit appeal rights further
Campaigners warn that people being deported from the UK are struggling to access justice as figures show the number of legal challenges has plummeted in recent years.
New data obtained via freedom of information laws (FOI) reveals that the rate at which deportation orders are being appealed dropped from nearly one in three (30 pour cent) dans 2019 to nearly one in eight (12 pour cent) l'année dernière.
Lawyers said “declining access to legal advice” for deportees – caused in part by the pandemic and in part by cuts to legal aid – has made it “almost impossible” to successfully challenge deportation.
The figures have raised questions over controversial government plans to reduce people’s rights to challenge removal from Britain in order to ensure foreign nationals are not “incrementally and systematically frustrated by new and expanding human rights claims”.
But campaigners say the new FOI data reveals this position to be “utterly fictitious”, arguing that practical barriers to accessing justice have increased.
“Extreme delays at initial decision and in listing hearings combined with declining access to legal advice for detained individuals mean that an appeal right is becoming increasingly illusory,” said Jamie Bell, lawyer at Duncan Lewis Solicitors.
Pendant la pandémie, the number of people facing removal who were held in prisons as opposed to immigration removal centres for Covid-19 safety reasons increased significantly, rising by 45 pour cent en 2020.
The High Court ruled last February that the government was failing to provide immigration detainees held in prisons adequate access to publicly funded legal advice, in breach of their rights.
Individuals detained in removal centres have access to an advice surgery that guarantees access to 30 minutes’ legal advice regardless of means or merit. Those detained under immigration powers in a prison do not.
Lawyers say that even in removal centres people do not get adequate access to legal advice. Charity Detention Action warned last year that the law firms invited by the government to attend the advice surgery in the centres were often “inexperienced” and made errors that are “often impossible” for individuals to correct before removal from the UK.
Rudy Schulkind, research and policy coordinator at Bail for Immigration Detainees (BID), which obtained the figures, mentionné: “In recent months [Monsieur] Raab has repeatedly described deportation appels are a ‘nonsense’ before going on to make broader attacks on the Human Rights Act.
“Yet his government’s data shows this position to be utterly fictitious – very few deportation appeals are lodged and of those, very few succeed.
“The reality is that successive pieces of legislation have already made it almost impossible to successfully challenge deportation, while practical barriers to accessing justice have increased including cuts to legal aid and the increasing use of prisons for immigration detention.”
A government spokesperson, mentionné: “Legal support is available to those facing deportation as well as access to legal aid in some cases through the exceptional case funding scheme.
"Pourtant, we must have a system where rights do not frustrate the deportation of serious criminals who pose a risk to law-abiding people in this country – 70 per cent of successful human rights challenges are brought by foreign national offenders and our human rights reforms will address this issue.”
L'indépendant has reported on numerous cases whereby people with British children have been threatened with removal for crimes committed many years ago, sometimes when they were teenagers, and have struggled to access legal advice and representation to appeal their deportation order.