Home Office deports man despite court order ruling it illegal before flying him back to UK hours later

A man has been deported by the Home Office despite a court ruling his removal was illegal. But within hours of the mistake he was flown back to the UK — prompting fierce criticism of the government’s deportation policy.

The Pakistani national was forcibly removed last Tuesday along with up to 70 other people on what was the third mass deportation flight to leave the UK in three weeks.

His removal went ahead despite a High Court judge ruling prior to the plane’s departure that the individual must not be deported because the Home Office may have failed to consider all the evidence he had provided on his immigration case.

Shadow home secretary Diane Abbott said it was a “terrible case”, which highlighted the Home Office’s “disregard for the rule of law”.

The man, who did not want to be identified, is married to a British woman who is currently unwell, and also has a seriously ill mother-in-law who he has been caring for.

The High Court judge said in his ruling that the Home Office may have failed to “adequately address” evidence of the man’s relationship with his wife, whom he married in 2017.

Rehana Popal, a human rights barrister who was representing the man, told The Independent that removing him was a breach of his human rights and showed a “lack of regard” for the rule of law by the Home Office, as well as being a “total waste” of taxpayers’ money.

She added: “If the courts say you shouldn’t remove this person, you should not remove that person — end of. The fact that the Home Office continues to act like this suggests they almost see themselves as being above the law, and that’s concerning.

“And the costs of this is just ridiculous — both breaching of the court order and then making arrangements to fly him back to the UK in 24 hours.”

Ms Popal said that while it was fortunate that her client didn’t have an asylum claim and therefore wasn’t in danger on return to Pakistan, the blunder in another case could have meant “life or death”.

“There’s a real concern that if this was an asylum or protection appeal, this would have been the Home Office returning somebody to the authority which they’re seeking asylum from,” she said.

“The UK has good diplomatic relations with a country like Pakistan, but imagine if he’d been returned to Iran. We may never see this person again. The potential risk to cause serious harm has serious consequences. The Home Office has a lot of power and making mistakes like this has consequences.”

It comes amid mounting concern about the Home Office’s deportation policy. Last week, lawyers warned that among those removed on the charter flight to Pakistan were suspected victims of modern slavery, trafficking and torture who had not had the chance to properly fight their case due to poor legal advice.

A separate flight deporting 17 Jamaican nationals set off two weeks before. Twenty-five others scheduled to be on board avoided removal after courts ruled that they had not been granted adequate access to legal advice — breaking Home Office policy.

The Times reported last week that allegations against home secretary Priti Patel centre on bullying civil servants because they would not breach the court order.

Another charter flight left a week later carrying asylum seekers to Europe under the Dublin Convention — but at least 16 individuals were taken off the flight after it emerged the Home Office had failed to act on indicators that they had been victims of torture and exploitation.

Rudy Schulkind, research and policy coordinator at Bail for Immigration Detainees, said the latest blunder was “yet more evidence of a department that is out of control”.

He continued: “Frequently we see the Home Office being overzealous in its efforts to ensure that as many people as possible are removed on scheduled charter flights. This practice inevitably risks forcibly removing people to situations where their human rights will be breached and life may be in danger.

“Despite being put through an incredibly damaging and distressing ordeal, this man is one of the lucky ones. Many people in immigration detention simply do not have access to the high-quality legal representation needed to challenge Home Office decisions that are frequently incorrect.”

Bella Sankey, director at Detention Action, said: “The government’s mass expulsions mean those with strong claims to remain in the UK, victims of modern slavery, as well as those with Windrush links are being deported in clear breach of legal safeguards and on this occasion an enforceable court order.

“Charter flights create a perverse incentive for government to fill up a plane and ask questions later — they should be immediately suspended while the Home Affairs Select Committee investigates.”

Ms Abbott said: “This is a terrible case, which highlights the Home Office’s disregard for the rule of law. It seems that this was also a key factor in the recent case of attempted deportations to Jamaica.

“The allegations against the home secretary centre on bullying civil servants because they would not breach an order by the Court of Appeal against deporting anyone who had not had legal advice. It should be absolutely clear that no government department and no minister is above the law.”

A Home Office spokesperson said: “As there is an ongoing appeal in relation to this case it would be inappropriate to comment at this time.”