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High Court asks UKBA to bring asylum family back

The family of five Sri Lankans was removed in 2006, but the High Court ruled they were unlawfully held up during the process and demanded they be brought back.

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Manjit Gill QC, representing the family in court, said they were taken from their beds and flown out of the country after being denied access to legal advice.

The QC said the family, who cannot be identified for legal reasons, had their north London home raided at about 2am on January 10, 2006 by immigration and police officers.

A few hours after being detained, they were put on a 7.50am flight to Germany.

As reported in The Telegraph, the court made the judgment even though it admitted, it was unsure once the migrants came back and dealt with appropriately, they would be allowed to stay in the UK.

The cost of returning the family, who were currently living in Germany, the Home Office was also ordered to pay £37,000 in compensation.

In the latest ruling, Justice Cranston said the Sri Lankan families rights had been violated in the way they had been dealt with.

The Home Office has now accepted they were unlawfully detained and the court said they must be brought back.

The judge said the violation of the rights of the husband, his mentally-ill wife and their son and two daughters, now aged between 14 and 23, entitled them to return to the UK, if they so wished.

But he added that the issue of whether they are then allowed to stay was not a matter for the court.

The family was flown to Germany because that was the first EU country they arrived in. Under a policy known as the Dublin Agreement, member states can necessitate the first country of entry of an asylum seeker to deal with their claim.

Lawyers for the family said today the ruling was "a tremendous relief" to the family, and they would be returning to the UK – "which is something they have been longing for nearly six years".

Gill said their treatment was all the more disgraceful because, had the correct procedures been adopted, it was inevitable that they would have been able to make an application

 

 

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