Civil servants in the Home Secretary's own department say she risks boxing herself in with a legal duty to deport small boat migrants that she is unable to fulfil
Civil servants in the Home Secretary’s own department say she risks boxing herself in with a legal duty to deport small boat migrants that she is unable to fulfilas civil servants struggle to meet a January deadline for the scheme to begin, with doubts over whether the new staff needed will be in place.
The delay was announced after a new legal challenge was launched against the Illegal Migration Act by the Northern Ireland Human Rights Commission. Civil servants have been told that “legacy” applications dating from before 28 June 2022 must be decided by 14 December, butunderstands that around 40,000 cases remain in the queue – many of which are hampered by complexities, missing documents and administrative errors.
This is because the change is attributed to a sharp drop in Albanian arrivals, and the current cohort mainly come from countries such as Afghanistan, Eritrea, Iran, Sudan and Syria where asylum claims are likely to be stronger and therefore take longer to process. The source said it would be impossible to detain and deport all small boat migrants by mid-January, and that if the new duty is triggered by that date “it will have to focus on very specific areas or a very limited number of asylum claims”.
Even if the Government wins, it faces other significant hurdles. It is exactly a year ago that private charter airline Privilege Style pulled out of a deal to operate the deportation flights to Rwanda and it is unclear whether the Government has found a replacement. The UK also lost access to the Eurodac asylum database, which holds fingerprints and other records showing whether individuals have claimed protection elsewhere.
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