Priti Patel faces three legal challenges over plans to repatriate refugees | Immigration and Asylum

[ad_1]

Priti Patel faces three legal challenges over her controversial plans to deter refugees on small boats in the Channel trying to reach the UK.

Several charities including Care4Calais and Channel Rescue are engaging in two related challenges arguing that Patel’s plans are illegal under human rights and maritime laws. Freedom from torture is a third challenge.

The Guardian revealed that government lawyers warned Patel that she would likely lose any legal challenge against the repatriation policy.

The first legal challenge, from Care4Calais and another charity, focuses on whether the Home Office has actually formulated policy on pushbacks. It argues that if such a policy exists, it should be published so that it can be examined.

The second challenge, from Channel Rescue, a human rights organization that monitors the situation of refugees crossing the Channel in small boats, focuses on alleged violations of maritime law – a requirement under the United Nations Convention on the Law of the Sea that ships provide assistance to those in danger or distress at sea.

The third argues that the return policy has no legal basis, permits unlawful behavior by UK officials and is prohibited by the Refugee Convention.

Government sources told some media in September that a team of border guards had been training for months in preparation for the start of the operation. Days later, Rescue Channel volunteers watched Border Force officials on jet skis practice getting around boats off the coast of Kingsdown in Kent.

Jeremy Bloom, a lawyer at Duncan Lewis who represents charities in the first challenge, said: “The Home Office has briefed the press and Parliament widely by saying that they have a policy that allows them to force boats carrying asylum seekers out of the UK. Territorial waters. The claimants see this challenge. That any policy would likely violate the UK’s obligations under international and domestic law, and that any attempts to turn the boats back could put the lives of asylum seekers and refugees at real risk.”

Claire Mosley, founder of Care4Calais, said: “Refugees prioritize politics over people’s lives. Refugees are innocent people who were simply so unfortunate that they were born in the wrong place. They are asking for our help. It is inhumane for us to punish them for this.”

Kim Bryan of Channel Rescue said its volunteers witnessed a training run by Border Force officials using jet skis to corner a boat from both sides and push it from behind. “We believe this is life-threatening and illegal,” Brian said. “We have given the Home Office until November 29 to respond to our pre-procedure protocol letter. If we do not receive a response by then, we will issue the judicial review proceeding.”

A Home Office spokesperson said: “To protect lives and break the criminal gang business model that facilitates these crossings, it is right that we continue to evaluate and test a range of safe and legal options to find ways to stop small boats making this dangerous and unnecessary journey.”

[ad_2]