The High Court quashed a Home Office policy which allows the fast deportation of foreign nationals refused permission to remain in Britain, saying it was unlawful.

The court ruled that the policy, introduced in 2007 but widened earlier this year, meant those affected had ‘little or no notice’ of removal and so were deprived of access to justice.

The Border Agency’s general policy allows 72 hours notice of removal but this can be reduced to little or none at all for people in certain categories, such as those believed to be at risk of self-harm or unaccompanied children who might abscond because they cannot be detained.

The case was brought by Medical Justice, a body which provides independent medical and legal advice to detainees in immigration removal centres.

It argued that this ‘exceptions policy’ was being used to swoop late at night and escort people to flights leaving only a few hours later, depriving them of the ability to contact lawyers and launch a last-ditch challenge.

The Home Office argued that its policy was ‘sufficiently flexible’ to ensure there were no human rights breaches and that detainees were given as much notice as possible while safeguards had also been put in place.

But Justice Silber rejected that argument, the Press Association reported.

‘The policy is unlawful and must be quashed,’ he said.

However, he did allow the Home Office permission to appeal against his decision, saying the case raised issues of general public importance, including the constitutional right of access to justice.

REUTERS