EUROPEAN citizens who have applied for settled status are being detained and threatened with deportation, reports say.
The development, reported by the Guardian, contradicts assurances from UK Government ministers and appears to contravene the Brexit withdrawal agreement.
EU nationals have been served with removal directions by the Home Office despite being able to prove they have applied for settled status, which should protect their right to remain in the UK.
Those who applied by the June 30 deadline were repeatedly promised by ministers that their existing rights would be protected while their case was heard.
The legal charity Bail for Immigration Detainees (Bid) has accused the Home Office of either “administrative or wilful neglect” and said it appeared to be an attempt to deport as many EU nationals as possible, believing they are easier to remove than, for example, asylum seekers.
Bid sent the head of immigration enforcement a letter dated July 29 raising concerns over the Home Office’s failure to acknowledge receipt of settled status applications in cases where it wants to remove EU nationals.
The charity has said that unless a meaningful response is received from the Government department by the end of this week, it will make an official complaint to the European Commission.
On Friday an EU citizen whom the Home Office wanted to deport, and who had been detained in an immigration removal centre, secured their release on bail after a judge accepted they could not be removed because they had made an EU Settlement Scheme (EUSS) application.
The Home Office still contested their release and offered no apology or explanation why it had earlier argued there was no evidence of the application at a previous hearing and therefore could deport them.
The Home Office have denied the reports suggesting EU nationals are being threatened with deportation
Speaking shortly after being released, the EU national, who requested anonymity, told the Observer: “They’re trying to play with mine and my family’s lives and it’s not fair. I’m supposed to have rights.”
Lawyers have argued it marks an important battle to protect the rights of EU nationals following Brexit and warned that a failure to acknowledge applications could affect potentially thousands of people.
Pierre Makhlouf, legal director of Bid, said: “It seems that the Home Office has pre-decided the fate of certain EU nationals, perhaps believing that they are easy to remove. But in its drive to deport more people, it is side-stepping legal requirements and procedures.
“Whether this is due to administrative or wilful neglect may be unclear, but by ignoring the legal steps that EU nationals have undertaken to assert their rights, the UK is in breach of its duties under the withdrawal agreement.”
It is believed that the issue relates mostly to paper applications sent by post rather than those completely digitally.
Araniya Kogulathas, a barrister and legal manager of Bid’s EEA (European Economic Area) project, said paper applications are more likely to be used by vulnerable and marginalised people, such as the elderly, those in detention or prison who found difficulties accessing a computer or those who don’t have a valid identity document.
Out of 1500 inmates at Wandsworth prison, south London, around 500 are believed to be EU nationals.
Bid said they will report the Home Office to the European Commission if they do not recieve a "meaningful response"
Kogulathas said: “Despite having made EUSS applications, EEA nationals are being deprived of their liberty and even served with removal directions, both of which they are forced to challenge despite limited access to legal advice and representation.
“These challenges are particularly difficult for those detained under immigration powers in prisons, some of whom are locked in their cells for around 23 hours a day or more due to the pandemic.”
A Home Office spokesperson rejected the claims as “completely baseless”.
They added: “Our approach means that should immigration enforcement encounter anyone without EUSS but who may be eligible, we will work with them to enable them to apply and signpost them to available support. If someone has applied to the EU Settlement Scheme by the 30 June deadline, but has not had a decision yet, their rights are protected until their application is decided.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel