Deported EU rough sleepers win damages

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Media caption Tomas Lusas, a Lithuanian national, had been awarded £ 10, 000 right after being illegally detained

The federal government is to pay hundreds of thousands of lbs to European rough sleepers who had been illegally detained and deported.

Figures obtained by the BBC reveal that in the year in order to May 2017, 698 homeless EUROPEAN nationals were targeted and taken off the country.

The Home Workplace said no further action had been taken against European citizens pertaining to rough sleeping.

Law firms told the BBC that will at least 45 clients were presently pursuing claims.

Every claim is worth thousands of pounds, and differs according to the length of time spent in detention as well as other aggravating factors.

‘Freedom taken away’

Tomas Lusas, from Lithuania, was arrested by immigration officials in 2016 after being kicked out of his home and pushed onto the streets in western London.

He or she said: “One morning I was woken up in my sleeping bag. There were 6 or seven officers and they stated ‘Home Office’.

“They took my ID. Two moments later I was in handcuffs. 2 minutes after that I was in a vehicle.

“I was yelling, ‘I’m gonna lose my work if you arrest me today’. Yet nobody listened to me. Nobody permitted me to explain why I was resting rough. ”

Mister Lusas refused to sign their removal papers and was held at Brook House Immigration Center in Gatwick for 19 times.

“It was like in jail, ” he said.

“Your freedom is definitely taken away. And what kills you is that you simply don’t know the end of your sentence.

“I’ve spent nine many years of my life in England and I didn’t wish to leave just because I was sleeping tough. ”

Mister Lusas appealed against his expulsion and was successful. He had been later awarded more than £ ten, 000 in damages.

Unlawful and discriminatory

The Home Office below Theresa May introduced the concept of tough sleeping as an abuse of EUROPEAN treaty rights two years ago.

But immigration adjustment teams were targeting rough sleepers even if they were in work or even had a permanent right of home in the UK.

The plan was halted after a judicial evaluation in December ruled this to be unlawful and discriminatory.

Leonie Hirst, an migration and public law barrister, stated anyone from the EU or the Western european Economic Area who had been detained or even deported in similar circumstances can now make a potential claim.

“The EU law is apparent and very robust, but the policy was obviously a very flimsy attempt to misuse legislation, simply to meet immigration targets, inch she said.

“I think it is highly unlikely, particularly considering that people were targeted who were working, this policy has done anything except price significant amounts of public money. ”

Ms Hirst stated she had heard evidence that will immigration teams were working to quotas.

She stated she had seen cases exactly where officials were ignoring the usual exercise of inquiring into individual situations before deciding whether to remove all of them.

“One of our clients told immigration officers which he had payslips with him in order to prove he was working, and had the response, ‘we can not want to see those, we’re operating quotas’, ” she said.

A Home Office spokesperson said that “claims for compensation will be considered on the case-by-case basis” and that the government had been “determined to break the homelessness cycle”.