The UK Border Agency has announced important changes to the way it manages judicial review challenges from those being removed from the UK.
From next month the UK Border Agency:
- Will seek to continue with removal in cases where a previous removal has failed within the last ten days because of a technical reason, such as a cancelled flight or disruptive behaviour.
- Will not automatically defer removal upon a threat of judicial review in cases certified on safe third country (TCU) grounds or those judged clearly unfounded under the Non Suspensive Appeal (NSA) process. In these cases, we will usually give at least five days’ notice of removal rather than three.
- Will not automatically give 72 hours’ notice of removal to those who are disruptive or pose a threat to others.
The policy changes will come into effect on 11 January 2010. Rewritten guidance on judicial reviews, which forms Chapter 60 of our Enforcement Instructions and Guidance, can be downloaded from the UK Border website.
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