In UK news
The HM Inspectorate of Prisons has published a report which found that there was an “inadequate provision of interpretation” and “almost no information was available” to migrant people, during their removal to France under the ‘one in, one out’ pilot scheme. Almost all of those removed had arrived recently at the Kent coast and few were able to understand English.
Under the ‘Agreement on the Prevention of Dangeround Journeys’, ratified in August, any asylum seeker who has crossed the Channel unlawfully can be returned back to France. There is also a provision for “reciprocal admittance”, whereby an asylum seeker in France who has a genuine family link to someone in the UK and has not attempted to enter the UK unlawfully, will be allowed to enter the UK.
The report also raised concerns that migrant people did not have proper access to justice prior to their removal to France under the scheme. Although migrant people were signposted to legal firms while detained at Immigration Removal Centres, the report noted that many people’s cases were refused by solicitors and they were unable to access legal advice.
The publication of the report comes as a legal challenge against the removal of 16 migrant people under the ‘one in, one out’ scheme was heard at the High Court on Wednesday. The case centres on whether it was unlawful for the Homes Secretary to withdraw migrant people’s right to have rejected modern slavery claims reconsidered. The claimants also allege that French authorities do not adequately support trafficking victims. The Court heard that 40 per cent of migrant people detained under the scheme have made trafficking claims.
In international news
Last week, pro-democracy media tycoon Jimmy Lai was sentenced to 20 years in prison under Hong Kong’s National Security Law. The 78-year-old Apple Daily founder was found guilty last December of conspiracy to collude with foreign forces and publishing seditious materials. Thibaut Bruttin, the director of Reporters Without Borders, warned that “the court decision underscores the complete collapse of press freedom in Hong Kong”.
On 10 February, the European Parliament approved the amendments to the ‘safe third country’ concept in the EU Asylum Procedures Regulation and adopted an EU-wide list of “safe countries of origin”, making it easier for member states to reject asylum applications as inadmissible and to forcibly transfer people seeking safety to countries to which they have no connection. The new rules also remove the suspensive effect of appeals in asylum cases, meaning that a person could be removed while waiting for determination of their claim and any judicial review.
In the courts
Ammori, R (On the Application Of) v Secretary of State for the Home Department
On Friday, the High Court ruled that the former home secretary Yvette Cooper had acted unlawfully when banning Palestine Action last year, under the Terrorism Act 2000. The Court concluded that the decision to proscribe Palestine Action was “disproportionate” [138].
The judicial review proceedings were brought by Huda Ammori, Palestine Action’s co-founder.
The Court upheld the claimant’s challenge that the proscription breached the rights of freedom of expression and assembly as guaranteed by Articles 10 and 11 ECHR. The Court found that the offences under the Terroism Act 2000 “comprise a very significant interference with the right to free speech”. For example, a person cannot address a meeting to encourage support for Palestine Action [106]. The Court also concluded that the decision to proscribe Palestine Action had resulted in a “stark” interference with Article 11 rights, since the purpose of proscription is to put measures in place that prevent the organisation from continuing to exist [135].
Additionally, the Court concluded that the Home Secretary failed to properly apply her policy on the use of the discretion to proscribe [89 – 95]. The policy required the Home Secretary to approach the exercise of her discretion comprehensively, taking into account the consequences on Palestine Action members, the characteristics of the organisation, foreign policy and “other factors” [74]. Instead, the Home Secretary presented the “significant disruptive benefits” to “deal with” Palestine Action as a central reason for exercising the discretion to proscribe [89]. The Court clarified that Home Secretary’s policy did not include the expected significant disruptive benefits of proscription as a relevant consideration [90].
According to evidence submitted by the claimant, there have been many arrests since proscription referring to Palestine Action, including more than 2,000 people at protests immediately following the proscription decision [118].
In a statement after the judgement, the Home Secretary, Shabana Mahmood, said the government intends to appeal the decision.
MXV, R (On the Application Of) v Secretary of State for the Home Department
The High Court ruled that Section 12 of the Illegal Migration Act 2023 (IMA) is “likely to have a more muted practical impact” [168]. The Court clarified for the first time that the right to liberty under Article 5 ECHR constrains the effect of IMA on the judicial oversight of immigration detention decisions.
The case stemmed from a claim alleging the unlawful detention of MXV, a Zimbabwean national, who was held under immigration powers for 101 days from 11 March 2024.
Section 12 of the IMA sought to “overturn” the Court’s role as primary decision maker when it comes to assessing limbs (ii) and (iii) of the Hardial Singh principles, which relate to the reasonableness of the period of detention and whether deportation can be effected within such a reasonable period. Instead, Section 12 requires the Court to assess whether the Secretary of State’s decision about the period was a reasonable assessment.
The Court ruled that Parliament had expressly restricted judicial oversight and Section 12 should be followed [166]. However, compliance with Article 5(1)(f) ECHR requires the Court to retain its role as primary decision maker. The Court confirmed that Article 5(1)(f) ECHR “mirrors” the domestic application of the Hardial Singh principles [144] and, where Article 5 is relied upon, the Court remains able, as primary decision maker, to assess the reasonableness of detention.
The court found that the detention of MXV was unlawful in the period from 1 June 2024 to 19 June 2024.
On the UKHRB
- Dr Lewis Graham considers the potential far-reaching effects in Hall v HMRC [2026] UKFTT 124 (TC), where the First-Tier Tribunal ruled that it had the jurisdiction to consider public law grounds, despite the tribunal having no inherent public law jurisdiction.
- Rosalind English explores the Supreme Court’s recent decision in Dairy UK Ltd v Oatly AB UKSC 4, in which the Court held that Oatly’s registered trade mark “POST MILK GENERATION” cannot lawfully be used in relation to their oat-based food and drink products.
- Rosalind English also reviews a letter about animal welfare from The Animal Law Foundation and the League against Cruel Sports, that was presented to the Department of the Environment, Food and Rural Affairs last week.
