The UK Border Agency has announced a new policy on handling legal challenges to removing people from the United Kingdom (judicial review challenges).
The policy, which will be enforced as of 30th January 09, will affect the cases of people who make another application for judicial review (JR) within three months of a judge refusing permission on a previous JR application, particularly where the first claim has been found to be clearly without merit or where a case has been withdrawn or otherwise concluded.
Under current policy, the UK Border Agency will cease removal action on the appellant while the new application is going through the courts. From 30 January this will no longer apply; removal action will not be automatically suspended, particularly where the first claim has been found to be clearly without merit.
It will only affect cases where the claimant has raised:
- The same or virtually identical grounds
- Grounds that could reasonably have been raised previously at the judicial review
In these circumstances we are unlikely to suspend removal on receipt of a judicial review challenge.
People affected by this policy will need to obtain an injunction to prevent removal taking place, and we will ensure they are told they need to do this.
The revised policy aims to deter claims that are designed simply to disrupt the removal process and to ensure that claimants do not benefit in any way by lodging a weak claim.
Source: UK Border Agency