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Wethersfield asylum seekers housed ‘unlawfully’ at air base

Aimee Dexter

BBC News, Essex

PA Media An aerial view of MDP Wethersfield, with four accommodation blocks visible and grass areas, with fields in the background.PA Media

MDP Wethersfield, which is being used as an asylum centre, has a capacity for 580 people

A High Court judge has found former Home Secretary Suella Braverman acted unlawfully in accommodating three asylum seekers at a former RAF base.

The men – who were at MDP Wethersfield in Essex between July 2023 and February 2024 – argued they were living in “prison-like” conditions.

Mr Justice Timothy Mould said the government failed to take into account the three claimants’ experiences of torture, mental health conditions and disabilities.

The government said it was pleased the court found in favour of the Home Office on the “majority of grounds” and pointed out it “inherited” the legal challenge from the Conservative administration.

Mr Justice Mould ruled that Braverman was in breach of her duties under the Immigration and Asylum Act 1999.

The government failed to assess the “equalities implications” of housing them at Wethersfield, he said.

“That is a most serious and inexplicable omission,” he said.

“It amounts to the clearest failure on the part of the defendant to fulfil the public sector equality duty.”

PA Media On the right of the image there are bunk beds, that have a metal frame and white pillow and duvet covers. On the left there is another single bed, and a wooden wall with signs on. PA Media

Migrants were first moved into buildings at MDP Wethersfield in July 2023

The first claimant, referred to at the High Court as TG, was a victim of trafficking and serious physical violence, had a disability and had post-traumatic stress disorder and depression.

The other two – named MN and HAA – were also victims of torture and trafficking.

HAA struggled staying in shared rooms at a large occupancy site and was a “potentially vulnerable individual”.

A claim made by a fourth asylum seeker, who was also an ex-resident at MDP Wethersfield, was dismissed by the judge.

Mousumi Bakshi/BBC Residents near Wethersfield in a road holding a banner and placards.Mousumi Bakshi/BBC

Residents living near Wethersfield have protested the use of it as an asylum centre, including in July 2023

The then-Conservative government announced plans to house migrants at Wethersfield near Braintree, as well as RAF Scampton in Lincolnshire, in March 2023.

Migrants were moved into Wethersfield in July 2023 and there were initial plans to accommodate 1,700 people there.

Lawyers acting for the claimants said their clients “each suffered a serious decline in their mental health”.

In a statement to media, they said: “[The breaches] illustrate that the home secretary is not only required to have a system capable of operating lawfully, she must act lawfully in each individual case.”

Emily Soothill, from law firm Deighton Pierce Glynn, said victims of torture and trafficking should not be housed at Wethersfield.

“We urge [current Home Secretary] Yvette Cooper to reflect on this judgment, end the use of large sites and close Wethersfield once and for all,” said Ms Soothill.

Maddie Harris of Humans For Rights Network said: “Placing people in camp accommodation on ex-military sites is an inhumane way to treat those seeking protection.”

A Home Office spokesperson said: “We remain of the belief that the Wethersfield site provides fully adequate and functional accommodation for those asylum seekers who we have a legal obligation to support.”

The government department said Cooper would make a decision about the future use of the air base in “due course”.

Accommodation was offered to asylum seekers on a “no-choice” basis and no-one would placed there if their needs could not be met, the spokesperson added.

The BBC contacted Braverman’s office for comment.


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