Published:  20th March 2019

Home Office’s Removal Notice Windows Policy Suspended

“The consequences can be devastating, involving lengthy or permanent separation of families and people being sent to countries where their lives are at risk. “

PLP is representing the charity Medical Justice in its judicial review of the Home Office’s Removal Notice Windows (‘RNW’) policy. At an interim relief hearing on 14th March 2019, Mr Justice Walker ordered that the RNW be suspended and granted Medical Justice permission to proceed with its judicial review because it provided numerous examples of cases which gave “real concern that the policy unjustifiably impedes access to justice”.  The full hearing will take place in the summer.

Under its RNW policy, individuals are given a short period of between 72 hours and 7 days a to do take a number of steps. These include: finding a lawyer; gathering evidence and putting forward any reasons they might wish to remain in the UK; waiting for the Home Office to make a decision on that application; if refused then finding a lawyer who can challenge that refusal by applying for a judicial review; and if necessary separately obtaining an injunction from the court against removal.  It is virtually impossible to complete all of these steps during that short notice period.  After the notice period finishes, the individual can then be removed without any further warning during the next 3 months.  Individuals have been wrongly detained and removed from the UK by the Home Office, which has then been ordered by the Courts to bring them back.

Medical Justice’s concerns about the lawfulness of the policy are shared by other civil society organisations, including the Law Society and the Immigration Lawyers’ Practitioners Association who provided evidence in support of the claim.

Rakesh Singh, in-house solicitor at PLP instructed by Medical Justice said:

“Under this unjust policy, individuals have been removed from the UK without warning before they have had proper access to justice.  The consequences can be devastating, involving lengthy or permanent separation of families and people being sent to countries where their lives are at risk.  Medical Justice welcomes the suspension of the policy pending the full hearing of their claim.” 

PLP’s barristers are Charlotte Kilroy QC of Doughty Street Chambers and Alison Pickup, PLP’s Legal Director, and the instructing solicitor is Rakesh Singh who has led our work on Home Office removal polices and access to justice since 2014.

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