THREE top judges will decide today whether an appeal over the Epping migrant hotel ruling can go ahead.
The Bell Hotel in Epping, Essex, has been at the centre of protests after two of its guests were charged with sexual offences.
PAThe Home Office and Somani will learn their fate over the Bell Hotel today[/caption]
LNPProtesters gathered outside the Epping hotel last night[/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 has 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.
Owners Somani Hotels and the Home Office are now seeking permission to appeal against the decision.
The Home Office has argued that the human rights of asylum seekers trump those of Epping Council and, by extension, the residents they are elected to serve.
Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb will hand down their judgment at 2pm today.
If the judges give the go-ahead, Somani could re-plead their case but this time with the help of the Home Office.
That is because the department is also seeking to challenge the original judge’s decision not to let it intervene in the case.
Home Secretary Yvette Cooper had made a last-ditch bid to join the battle but Mr Justice Eyre blocked her.
The Court of Appeal will only grant permission for an appeal if the bid has a “real prospect of success,” meaning it is likely to succeed on its merits.
It could also find “some other compelling reason” to grant the appeal.
If the judges today agree an appeal can happen, this does not mean the case is over though.
Once this happens, it then goes to a lengthy hearing where the lawyers for the Home Office and the hotel owners must persuade the court to uphold the appeal.
If they are successful in overturning the original ruling, the temporary injunction will be pulled and the migrants can remain.
This could also have far-reaching consequences for other councils in the UK who were hoping to launch their own legal action.
If they can not persuade the judge to quash the injunction, it will of course remain in place and the asylum seekers face the boot still.
But the Home Office and the hotel owners could then try to take their case to the Supreme Court – the highest court in the land.
The Supreme Court is the final court of appeal in the UK but only takes cases in special circumstances.
For example, it will only hear appeals of the greatest public importance for the whole of the United Kingdom in civil cases such as this one.
The court will also only grant permission for an appeal in rare and exceptional circumstances – such as a case of significant public or constitutional importance.
But the Home Office and Somani must first get the go-ahead from the Court of Appeal, who are currently mulling over today’s decision.
If permission is granted, the case can proceed to the Supreme Court to be heard – where again, judges could rule against them and keep the order in place.
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”.
The lawyer added: “There is a national interest in ensuring vulnerable individuals, namely asylum seekers, are accommodated.”
Mr Brown also claimed that kicking the migrants out may actually spark further protests.
Epping Council brought the original case to court claiming Somani Hotels breached planning rules as the site is not being used for its intended purpose as a hotel.
This was after a number of mass protests in the area – including one that saw some demonstrators clash with cops.
It came after Hadush Kebatu was charged with sexually assaulting a 14-year-old girl.
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.
AlamyThe Home Office fears the injunction could cause more protests[/caption] Published: [#item_custom_pubDate]
