Home Office WINS appeal against court ruling allowing Calais jungle migrants to enter UK

THE Home Office has won its appeal against a landmark ruling allowing four Syrian refugees living in the “Jungle” camp in Calais to come to Britain.

Migrant children in CalaisGETTY   Migrant children are often traumatised by the time they reach Calais

An immigration judge ruled earlier this year that the three teenagers and 26-year-old man should be brought immediately to Britain and reunited with their families living in the UK.Lawyers for the refugees had argued that the boys faced “intolerable” conditions in the camp and their Article 8 right to a family life would be upheld by bringing them to the UK.
The four Syrians were immediately brought to Britain and the decision was hailed by campaigners as a landmark ruling that could pave the way for many other unaccompanied minors to come to the UK from refugee camps in Europe.But three Court of Appeal judges on Tuesday ruled in favour of the Home Office appeal against the ruling.Under a law called the Dublin Regulation, asylum claims must be made in the first country the person reaches, but a child refugee can have their claim transferred to another country if they have relatives lawfully living there.

Lawyers for the four in this case had argued that the regulation was not working as not a single child had been brought to the UK from the Calais camp under the rule before the case had been brought.They also argued that it would take up to a year for them to be brought to Britain under the regulation because of bureaucratic failings in France.

The Jungle is in CalaisGETTY   The Jungle is in Calais

Handing down their judgement, Court of Appeal judges Lord Justice Moore-Bick, Lord Justice Longmore and Lord Justice Beatson ruled in favour of the Home Office appeal.However, as the four have already been brought to the UK they will not face deportation.

A five-year-old boy in a French refugee campGETTY     A five-year-old boy stands in a French refugee camp

The Bishop of Barking, Peter Hill, a spokesman for Citizens UK, said: “We are disappointed that the Home Office’s appeal has been upheld.Relying on volunteers and lawyers to identify refugee children who may be eligible for family reunification, and then relying on those lawyers to process the claims child by child and case by case is inefficient, costly to the taxpayer, and hugely stressful for the children.
“Citizens UK is calling on the Home Office to establish a functional system for identifying refugee children with potential claims to family reunification in the UK. At the current rate of reunification it will take a year before all the children in Calais are reunited with their families. This is forcing children to take matters into their own hands, stowing away in lorries or vans.
“We know of two boys who have died in the last 12 months trying to reach their families in the UK.”The Government has a legal and a moral responsibility to ensure that refugee children who have close family members in the UK are granted safe passage.”

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