"we are acutely aware that we are making the task of legal representatives more difficult" UKBA 15/12/09 

UKBA have once again changed the rules for making applications for Judicial Reviews to stay removals. Chapter 60 *Enforcement Instructions and Guidance has been updated and comes into force 11/01/2010

Chapter 60 Enforcement, the devil is in the details

From: "Ewen Macmillan"

The new Chapter 60 of the Enforcement Instructions provides for so many exceptions to the requirement to provide notice of removal that practically any detainee could, after 11 January 2010, be removed from the UK without any advance notification at all. How would it be possible to apply to the High Court for an injunction preventing removal if no notification of removal is issued? For instance, Chapter 60 states that no notification of removal need be issued: if the medical centre in an IRC determines that notification could induce a detainee to commit suicide (3.1.1); if a second removal is scheduled within 10 days of a first failed removal (3.2.1); particularly pernicious are the provisions to separate children from other family members including their mothers and remove each without the other and without notification of either (3.1.2 and 3.22).

This seems essentially a charter for detaining anyone (including British citizens) and handing them over to governments in countries of origin without any opportunity to inform their representatives or the courts of evidence of violence committed against them here or elsewhere. Chapter 60 surely amounts to the intentional and systematic suppression of evidence the High Court would wish to consider, with a complete disregard for resulting loss of life. Indeed conjecture that the loss of life is a collateral objective of these instructions by a government body might be justified. Unless the High Court is able to modify this, I think we may have crossed a vital frontier between administrative obstruction and fascism.

Ewen Macmillan

UKBA press release:
 http://www.ncadc.org.uk/Newszin113/JR-Changes.html

*Enforcement Instructions and Guidance
 http://tinyurl.com/Chapters46-60