Government asylum camp decision unlawful, court told

The Home Office acted unlawfully when deciding to use a former military training camp in East Sussex to house asylum seekers and made the decision "under conditions of secrecy", the High Court has heard.

Community interest company Crowborough Shield is taking legal action over the government's use of Crowborough Training Camp to house up to 540 men.

Alex Goodman KC, for Crowborough Shield, claimed that the Home Office failed to exercise its powers with the openness required.

James Strachan KC, for the Home Office, said the claim the process was not open to scrutiny "lacks any proper foundation" and that the allegation of secrecy was "legally incoherent".

The Home Office and the Ministry of Housing, Communities and Local Government are opposing the challenge.

The department announced plans for the site last October before confirming the move in January, sparking protests in the town and opposition from Wealden District Council.

Crowborough Shield filed a legal challenge in December, but it was dismissed in February because it was filed before the government had decided to proceed with the plans. The judge said that the decision was "at least in principle" open to challenge.

Goodman said that the Home Office wrongly decided the need to accommodate asylum seekers constituted an "emergency" under planning rules, meaning it was automatically granted permission to develop the site.

He added that it was "legally erroneous", adding: "If the Home Office is to rely on emergency powers, then there must be a situation of genuine emergency rather than just urgency."

Strachan said that Crowborough Shield's "real complaint" was that the Home Office should not have used the camp for asylum accommodation", adding: "That is not a legitimate ground of challenge."

He said that the claimant's case would require a decision-maker to conduct "a running commentary on its internal thinking, or face challenge on the ground of insufficient 'openness'," but added: "That is not the law."

Strachan added that pressures on the asylum accommodation system were "real and acute" and how the department decided to address the issue was "a policy matter for the Home Office".

The hearing continues.

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