Priti Patel’s refugee repulsion policy was officially withdrawn by the government days before a judicial review of the tactics was heard in the Supreme Court.
The government department confirmed in a letter Sunday that a plan to try to bring people back by boat to France had been abandoned following Boris Johnson’s announcement that the Royal Navy would take over operations in the English Channel.
Patel officials were informed last week that the Ministry of Defense, which is now in charge of gathering refugees in the English Channel, is not allowed to use the tactics, the letter said.
The policy, which was finalized in the autumn by the Home Office, empowered and encouraged Border Guard officers to stop ships carrying migrants into UK waters and forcibly divert them back to France. In January, Patel said pushing boats was “absolutely still politics” when he testified before the Lords’ Committee on Justice and Home Affairs.
In its letter, the legal department said the policy and procedures had been withdrawn and that the joint MoD commander had not been allowed to allow reversal tactics.
The letter, signed on behalf of the Attorney General, said “significant developments” meant the case would not continue. “This development stems from the Prime Minister’s announcement on Thursday, April 14, 2022, that the Ministry of Defense is taking priority over the English Channel operations with regard to the passage of small boats.
“As a result of a military order communicated to the Secretary of State for the Interior Ministry earlier on April 20, 2022, the joint commander of the Ministry of Defense was not allowed to allow the use of reversal tactics,” the letter said.
It says that if a decision is made to use reversal tactics in the future, it will only be after all important issues have been fully addressed.
“The Secretary of State of the Interior Department [Patel] has determined that: the policies and procedures that are the subject of the ongoing litigation have been withdrawn; if a decision is made to use reversal tactics, it will only be after all important issues have been fully addressed, including the evolving nature of the small boat threat, the behavior of migrants and organized crime; and at this point, new policies, guidelines and operational procedures will have to be formulated. “
Four organizations – PCS union, Care4Calais, Channel Rescue and Freedom from Torture – received permission from the court to challenge the Interior Ministry’s policy, with statements scheduled for a three-day hearing on May 3rd.
The reduction comes when the bill on nationality and borders reaches its final stage in parliament. The lords have twice rejected parts of the bill that will severely punish refugees arriving in the UK without visas, in accordance with their rights under the Refugee Convention.
Patel has repeatedly said that there is a legal basis for the policy of repulsion, despite the introduction of explicit powers to return boats in the bill on nationality and borders on the grounds that there is no such current legal force.
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PCS Secretary General Mark Servotka said: “This humiliating overthrow of the government is a stunning victory for Interior Ministry officials and refugees. There is no doubt that lives have been saved. The repulsive maneuver is extremely dangerous and poses a clear risk to life and limbs. We were simply not ready to allow our members to be put in this terrible situation. “
Claire Mosley, founder of Care4Calais, said: “I find it hard to believe that anyone in government thinks that repelling the English Channel is a viable policy.
Sonia Steats, CEO of Freedom from Torture, said: “This significant fall in government shows that change is possible when we unite. But we should never have had to sue this government to protect the sanctity of life – it is scandalous that it has come this far. “
Channel Rescue’s Stephen Martin said: “Repulsion is a reckless threat to life and we have always supported and reminded the government that it is illegal. Forcing people back to seek protection is disgusting and deprives them of their right to asylum. “
The Guardian revealed on Friday that unpublished parts of the proposed repulsion policy said the tactic would not be used against asylum seekers.
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