A pilot scheme of the UK Home Office which is deporting jobless rough sleepers in parts of England, mainly of Eastern European origin, could face legal action at the European Court of Justice. The Home Office pilot project enables the government to forcibly deport people who have been in the UK for longer than three months but who are not working or studying, and have no prospect of such. The procedure involves a written notice being issued to the individual which informs them that they must appear for interview with local police in order to assess whether they have a right to remain in the UK. If those sleeping rough cannot prove they are seeking work, they can be referred to the UK Border Agency for deportation.
The scheme comes following the release of figures showing the number of Eastern Europeans sleeping rough has nearly doubled in the last year, with them making up a third of homeless people in the London area. Numerous legal and human rights groups have expressed that the scheme could be in violation of European law and thus action could be taken in the European Court of Justice. The assistant director of charity AIRE (Advice on Individual Rights in Europe) Adam Weiss has outlined that "while these expulsions have a basis in domestic law, EU law is supreme in this area and any domestic law must comply with EU law". Weiss continued that it was further anticipated that the higher courts would "find all, or virtually all, of these expulsions unlawful under EU law".
To view the Guardian article on this scheme, please follow this link.