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Home Office rough sleeper deportation policy to be challenged in High Court

A judicial review against the government’s policy of deporting rough sleepers from the European Economic Area will be heard in the High Court tomorrow.

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EEA rough sleepers can be judged to be “misusing” free movement rights under current policy #ukhousing

Judicial review will be made up of three cases by people who have slept rough #ukhousing

The Public Interest Law Unit at Lambeth Law Centre has brought the legal challenge, which will be made up of three cases between the Home Office and people from the EEA who at some point in their lives have been rough sleepers. These cases will be spread over three days.

Since 2016 the Home Office has designated rough sleeping as “misusing” EU free movement rights and has been detaining or removing EEA nationals found to be sleeping rough.

Home Office guidance states rough sleeping by an EEA national “may be a misuse of a right to reside, therefore EEA nationals or their family members encountered sleeping rough may be subject to administrative removal”.

The guidance adds that this removal should only take place if it is “considered proportionate”.


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EEA rough sleepers may be considered for removal even if they have been in the UK for less than three months, the guidance adds.

The Public Interest Law Unit at Lambeth Law Centre has helped a number of rough sleepers access legal advice, working with a number of voluntary organisations including North East London Migrant Action.

Earlier in the year Crisis urged the government to immediately suspend the policy.

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