The applicants were two unaccompanied minors from Eritrea who had been taken from their homes at 4am for removal that morning from the UK in the case of T for removal at 7.30am and in the case of M at 9.30am or thereabouts. M managed to prevent her removal taking place but she suffered some physical injury when attempts were made to remove her but her legal representative persuaded the UKBA to cancel removal directions. T was not so fortunate and having been removed from the United Kingdom, she then arrived in Italy where she contacted her solicitors who had represented her explaining to them that whilst on the street in Bergemo, she had met a male stranger with whom she was living. She appeared to be in some distress although it was not suggested that she had been molested. They sought judicial review.
Held: It was disturbing that M removed in circumstances in which it was impossible for her to contact her lawyers. The request for judicial review succeeded, and the removal orders rescinded.
Judges:
Collins J
Citations:
[2010] EWHC 435 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 24 October 2022; Ref: scu.402590