Isabel Hardman Isabel Hardman

Leaked memo suggests ministers could accept Raab deportation call

Though the PM and whips have been in a tizz about Nigel Mills’ amendment to the Immigration Bill, it’s Dominic Raab’s call to narrow the grounds for appeal in the deportation of foreign criminals that could cause real problems in tomorrow afternoon’s debate. There is a chance that it could pass, while the Mills amendment can just be notched up as an embarrassing rebellion.

But do ministers really need to reject the amendment at all? In March, Theresa May told the Prime Minister that the same clause, originally tacked to the Crime and Courts Bill, ‘would be incompatible with the ECHR and counter-productive’ because the European Court of Human Rights would ‘most probably issue a rule 39 injunction’ that prevented deportation until the issue was resolved by the Court.

But I’ve been passed a memo written by the Home Office team working on the Immigration Bill that suggests the objection based on these rule 39 injunctions is unfounded.

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