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Deportation of EU Nationals Identified as Homeless in the UK

Illegal Deportation Compensation Lawyers

EU Rough-Sleeper Deportation Claims

 

Clifford Johnston & Co are one of the UK’s leading law firms in handling illegal deportation compensation claims. In recent times there has been a spate of cases where EU nationals have been deported from the UK, back to their country of origin, after they have been found to be sleeping rough (homeless) by Immigration officials.

Although this practice has now stopped, it is suspected that hundreds, if not thousands of people may have been treated unfairly by Immigration & border forces and as a result have been illegally removed from the UK.

If you are an EU national who has been deported from the UK having first being detained by the police or UK Border Agency for being homeless, then contact the illegal deportation claims team at Clifford Johnston & Co, we are well positioned to offer you expert advice and to discuss your rights to seek compensation.

A recent court ruling has deemed this Home Office practice to be unlawful and in direct contravention of EU Law.

If you have been subject to this treatment there is a strong likelihood that you are now entitled to claim compensation from the UK government, whether you are you are still back in your native country, or if you have now managed to return to the UK lawfully.

Clifford Johnston & Co are based in Manchester & Stockport, but we are recognised nationally for our expertise in matters of immigration law and criminal law.  It is because of our specialisms in these two legal service areas that we can apply a holistic approach to all situations that give rise to claims of unlawful detention and illegal deportation.

We are here to help you, so get in touch with us today.

The law surrounding illegal deportation claims

The European Convention on Human Rights 1950, which was incorporated into domestic law in the UK by the implementation of the Human Rights Act, makes provision for an individual’s most fundamental human rights, including freedom from unlawful detention, also known as the right to liberty.  Article 5 (ECHR) stipulates that no individual shall be deprived of their liberty, except of course in specific circumstances i.e. when an individual is lawfully convicted by a court.

If you have been detained unlawfully, you can bring a claim against the police, immigration officials, privately run detention centers or other State bodies responsible for detaining you.

In the specific case of EU rough sleepers being deported from the UK. In 2016 The Home Office had implemented a policy deeming EU nationals, who had become homeless in the UK, to be acting in breach of EU treaty rights. Indeed, Immigration offices were claiming that EU national rough sleepers were considered to have misused a right to reside in the UK under Regulation 23(6)(c) of [the 2016 EEA Immigration Regulations].

In 2018 a judicial review, looked at 3 test cases and found this practice by The Home Office to be unlawful, awarding substantial compensation settlements to the three people (from Latvia, Lithuania & Poland) who had been subject to this treatment by the UK.

Why were homeless EU Nationals being deported from the UK?

Possibly as a direct result of the upcoming Brexit referendum, it is widely accepted that in order to send out a strong message to the electorate about the UK government being tough on immigration, this new policy of seeking to deport EU rough sleepers took effect.

Immigration officers in conjunction with a selection of homeless charities started to conduct strategic raids on specific locations where it was thought they would easily find EU immigrants sleeping rough.

It is believed a disproportionate amount of the individuals who were deported following this clamp-down were originally from Eastern Europe.  Even more unfairly, this policy was implemented against people who had jobs, meaning their ‘rough-sleeping’ status was likely only to be a temporary situation. Also affected were people that had already obtained a permanent right of UK residence, while the policy completely disregarded family ties and dependents in the UK.

Unlawful & Illegal Detention Claims

Clifford Johnston & Co specialise in helping clients that have been illegally deported, detained unlawfully, or who have been treated poorly, including those subject to abuse while in custody.

Our expertise covers:

  • Illegal deportation claims of EU rough sleepers
  • Advice & representation surrounding detention of individuals surrounding the full spectrum of immigration statuses: Failed asylum seekers, citizens of EU states, individuals on work permits and other forms or temporary visas, foreign national prisoners
  • Public law challenges surrounding the legality of any form of detention
  • Claims for assault at the point of arrest or where assault to a person has occurred within a detention centre
  • Claims for compensation or challenges to public law where the detention of vulnerable people has occurred i.e. those with serious medical conditions or the disabled, pregnant or elderly people, torture victims, people who have been trafficked against their will and children

Contact the illegal deportation claims lawyers at Clifford Johnston

Our team Is ready to help. If you feel you have grounds to make a claim for illegal deportation or unlawful detention, call and speak to one of our lawyers today.

We have a huge amount of expertise in successfully fighting against government departments and privately-run detention centres on matters surrounding immigration, forms of abuse and matters of liberty and freedom.

If you have been treated unfairly, then let us help you get justice and claim the compensation that you deserve.

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