![]() ![]() The judicial review was then heard in the Upper Tribunal, and the judgment was published in early November 2018. The May guidance contained new information about situations when a deferral of removal notice should be considered. A new section was added to Chapter 60, “Judicial Review and injunctions” in response to a legal challenge by Duncan Lewis Solicitors which argued that the removals policy is “ultra vires, unless it contains sufficient flexibility to cater for individual cases as well as guaranteeing the right of access to legal representation and the courts to challenge removal.” Ultra vires means going beyond the scope of its powers. Read more in our Toolkit Home Office amends its guidanceĪt the end of May, the Home Office issued an amended version of their Enforcement Guidance and Instructions. There are some circumstances in which removal windows cannot be used. The last 24 hours must include a working day unless the notice period already includes three working days. The 72 hours must include at least two working days. The general notice period is seven calendar days if you are not detained, or just 72 hours if you are detained. Once that notice period is over, the three month removal window begins and you can be removed, without notice, at any point during it. During this notice period, you may be able to legally challenge the removal (see below). The Home Office must give you notice that you are liable to removal, and cannot lawfully remove you during this notice period. ![]() Although the Home Office may still in some cases issue “courtesy letters” containing this information, there is no legal obligation to do so apart from those cases where the removal window cannot be used. This is a change to the former legal obligation of issuing “removal directions” which would specify the date, time and flight number of the removal. Since 2015, the Home Office has been able to inform someone they are liable to removal, and then remove that person at any given point during a three month removal window. The solicitors Duncan Lewis have successfully challenged aspects of the Home Office’s removal window policy. ![]()
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