A LANDMARK ruling to boot migrants out of an Epping hotel was today plunged into chaos after the Court of Appeal overturned it.
The Bell Hotel in Epping, Essex, has been surrounded by controversy after two of its guests were charged with sexual offences.
PAThe Bell Hotel has been at the centre of protests after it opened its doors to migrants[/caption]
Epping Forest District Council last week won a bid at the High Court to block migrants from being housed at the hotel.
The temporary injunction meant that the building had to be cleared of its occupants by September 12.
It also caused a ripple effect across the UK as more councils launched their own bids to boot migrants out of hotels in their towns.
But the Court of Appeal today overturned the injunction following an appeal by the Home Office and hotel owners Somani – meaning the migrants can stay where they are for now.
It also gave permission for the Home Office to appeal against Mr Justice Eyre’s ruling not to let it intervene in the case as their involvement was “not necessary”.
It came after Home Secretary Yvette Cooper made a last-ditch bid to join the battle.
Giving a summary of their ruling, Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said: “We conclude that the judge made a number of errors in principle, which undermine this decision.”
He continued: “The judge’s approach ignores the obvious consequence that the closure of one site means capacity needs to be identified elsewhere in the system.”
The ruling will come as a relief to the Home Office, which had been braced for further legal challenges from other councils over the use of hotels in their areas.
It is also likely to heighten tensions after the Home Office argued the human rights of asylum seekers trump those of Epping Council and, by extension, the residents they are elected to serve.
Reform UK leader Nigel Farage led fury at today’s decision – claiming migrants have “more rights than British people under Starmer”.
Tory leader Kemi Badenoch echoed the sentiment, adding: “Keir Starmer has shown that he puts the rights of illegal immigrants above the rights of British people who just want to feel safe in their towns and communities.
“This ruling is a setback, but it is not the end. I say to Conservative councils seeking similar injunctions against asylum hotels – KEEP GOING!
“Every case has different circumstances, and I know good Conservative councils will keep fighting for residents, so we will keep working with them every step of the way.”
Robert Jenrick, the Conservative’s shadow justice secretary said: “Starmer’s government has shown itself to be on the side of illegal migrants who have broken into our country.
“But this is not a free pass for asylum hotels. Councils can and should still act to close hotels. If they don’t, residents will rightly ask, on whose side are they?”
Edward Brown KC, for the Home Office, yesterday told the Court of Appeal that accommodating asylum seekers is in the “national interest”.
He also said the housing of migrants at the hotel involved an issue of “critical national infrastructure”.
Epping Council brought the case to court claiming Somani Hotels breached planning rules as the site is not being used for its intended purpose as a hotel.
Philip Coppel KC, for the council, said: “There has been what can be described as an increase in community tension, the catalyst of which has been the use of The Bell Hotel to place asylum seekers.
“It is a problem that is causing great local anxiety.”
But barristers for the company said the “draconian” move would cause “hardship” for those inside the hotel.
They also argued “political views” were not grounds for an injunction and that contracts to house asylum seekers were a “financial lifeline”.
Starmer may have won battle but is yet to win war – ANALYSIS
By Ryan Sabey
Sir Keir Starmer may well take a sip on a cold drink at the end of his summer holiday today after winning the Court of Appeal hearing.
But any delight from the Prime Minister’s will be extremely short-lived as he works through the practical ramifications of the controversial asylum hotel staying open.
Sir Keir and his Home Secretary Yvette Cooper have got through this legal battle but the knock-on effects are now huge.
The crux of the problems for the government are that they wanted to keep the Bell Hotel in Epping OPEN when so much noise has been created about CLOSING them.
Political opponents such as senior Tory Robert Jenrick hit out at Ms Cooper saying taxpayer money was used for this appeal.
He says this Labour government are on the side of illegal migrants who have broken into the country. Ex-Reform MP Rupert Lowe simply says Ministers must deport the illegal migrants.
Tory leader Kemi Badenoch was also quickly out to react against the ruling saying it pits the rights of illegal migrants against the people who are seeing their communities ruined.
She also urges Tory councils up and down the country to “keep going” if they seek similar injunctions to close asylum hotels.
She pointedly adds in her response to the ruling: “The public can see exactly who is fighting to keep these hotels open. It’s Labour.”
The legal action will appear bizarrely to many to be in sheer contrast to the long-term plan to actually close these hotels, which are costing around £5 million per day.
Ms Cooper as part of the government appeal even used the European Convention of Human Rights to say she has an obligation not to kick migrants on the streets.
It’s all so messy when we’ve had a string of Labour MPs followed by party grandees including Lord Blunkett and Jack Straw questioning why we abide by Strasbourg rules.
The ruling, by three Court of Appeal judges, will only raise tensions with local communities who want to see hotels that are blighting communities closed.
Despite the pledge to close them, the public have yet to see alternative accommodation that will be provided to house thousands of migrants.
One person who will immediately take advantage of the ruling is Reform UK Nigel Farage. Look at the difference between his positioning and that of the PM.
On Tuesday this week, Mr Farage spelled out his plans to detain and deport thousands of migrants sending them on their way of deportation flight after deportation flight.
He will simply point at the PM and tell his growing legion of supporters that the PM wants the opposite of them.
The government wants to close these hotels step by step in a measured, practical way.
For the public, time and patience with the PM to deal with illegal immigration and the Channel small boats problem is running out. And running out quick.
Perhaps the PM will want to pour another drink before he heads back to Britain.
The hotel previously housed migrants from May 2020 to March 2021, then from October 2022 to April 2024.
Protests erupted outside the taxpayer-funded “surge” accommodation for illegal arrivals last month.
Some far-Right thugs joined some of the unrest and launched themselves on riot vans, smashed windshields and ripped off wingmirrors in senseless displays of “hooliganism”.
Officers from at least six forces outside of the county were forced to swoop to try and keep the peace.
Missiles were thrown and a number of police vehicles were damaged as the demonstrators clashed with cops.
One man was run over while attempting to stop a police van gaining access to the hotel, while another had his teeth knocked out after riot cops smashed a shield into his face.
Since tensions reached boiling point, violent demonstrations have cost the force around £100,000.
A total of 28 people have been arrested in relation to disorder at the hotel, and 16 of them have been charged.
It came after Hadush Kebatu was charged with sexually assaulting a 14-year-old girl.
Kebatu, 41, stood trial on Tuesday and Wednesday, where the court was told he allegedly targeted the teen just eight days after arriving in the UK on a rubber dinghy.
He is accused of trying to kiss her and telling her he wants her babies, as well as a separate charge of sexually assaulting an adult woman.
Another man who was living at the site, Syrian national Mohammed Sharwarq, has separately been charged with seven offences – including sexual assault.
Last night, dozens of protesters gathered outside the hotel ahead of today’s decision.
Tory-led Epping Forest District Council brought the original appeal
GettyProtesters descended on the hotel after a migrant was charged with sexually assaulting a teen girl[/caption] Published: [#item_custom_pubDate]
