QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
(Sitting as a Judge of the High Court)
| THE QUEEN
on the application of
PRAVINABEN TUSHARKUMAR PATEL
|- and -
|SECRETARY OF STATE FOR
THE HOME DEPARTMENT
Amanda Jones (instructed by Government Legal Dept.) for the Defendant
Hearing date: 5 October 2017
Crown Copyright ©
HHJ Blackett :
"When immigration powers are used to detain or remove a family, the underpinning principle within ECHR Article 8 is that members of the family remain together wherever possible. Separation of individuals from their family unit may sometimes be required, when it is necessary and proportionate to do so, to enable the Home Office to carry out immigration functions effectively. However separating families for detention and removal purposes must always be justified as being necessary and proportionate."
Later the Guidance states (page 9 of 28):
"In all cases, any separation must be for as short a time as possible and you must inform the family why the separation is necessary."
"temporary separations include those where a part of the family is removed from the UK, but it is considered to be within the family's control to reunite themselves because, for example: it is considered that there are no barriers to family life continuing overseas; it is considered reasonable for the removed family member or members, to obtain the required entry clearance required to rejoin their family group. In temporary separations, you must also inform the family when, where and under what circumstances they can expect to be reunited."
"In the case of temporary separations you must also update Section 2c of the separations form (ICD 5025) with details on: how it is intended to re-unite the family; when the earliest opportunity for re-unification may be; how the family will be informed of these plans."