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The UK Court of Appeal has overturned a High Court injunction that would have forced the removal of over 130 asylum seekers from the Bell Hotel in Epping, Essex, by 12 September, allowing them to remain at the site.
The ruling, delivered by Lords Justice Bean, Davies, and Cobb, found the original decision to grant the injunction was "seriously flawed" and contained several "errors in principle." The judges emphasized that the high court had failed to consider the broader consequences, including the risk of encouraging further disorderly protests and the need to find alternative accommodation for the asylum seekers, which could lead to a cascade of similar legal challenges from other councils.
The injunction was initially granted by Mr Justice Eyre following a complaint from Epping Forest District Council (EFDC), which argued that the use of the Bell Hotel for asylum seekers constituted a breach of planning regulations without proper consent.
The hotel became a focal point for repeated protests, some of which were violent, particularly after a man housed there was charged with sexually assaulting a 14-year-old girl in July. The council cited these protests and concerns about local residents' safety as grounds for the injunction.
The Home Office and the hotel's owner, Somani Hotels, challenged the injunction at the Court of Appeal, arguing that the high court's decision ignored the government's legal duty to protect asylum seekers under the European Convention on Human Rights (ECHR) and the practical consequences of dispersing over 130 people.
The Court of Appeal judges ruled that the high court's approach risked incentivizing further protests, as unlawful demonstrations could be seen as a means to achieve the removal of asylum seekers, and that the potential "cumulative impact" of other councils seeking similar injunctions was a "material consideration" not addressed by the original judge. They also found it erroneous that the high court had refused the Home Office permission to intervene in the case, noting its constitutional role in public safety.
The Court of Appeal's decision is a temporary victory for the Home Office and the hotel's owner, allowing the asylum seekers to stay at the Bell Hotel beyond 12 September.
The case will proceed to a full hearing in October, where the council can still seek a final injunction. Epping Forest District Council has stated it will continue its legal fight and is not ruling out taking the case to the Supreme Court.
The ruling has sparked strong political reactions. Conservative leader Kemi Badenoch and Reform UK leader Nigel Farage criticized the decision, claiming it prioritizes the rights of asylum seekers over those of local British residents.
"As goes Epping, so goes all of England," Tesla CEO Elon Musk wrote on X. "A nation with a government against its people shall perish from the Earth. The government is committing treason against the people," he added in other posts. Many critics on the social media platform slammed the left-wing UK government for its open borders, which they argue is turning western nations into a third world mess.
Home Office Minister Angela Eagle stated the government inherited a chaotic system and aims to close all asylum hotels by the end of this Parliament, which she said requires a "controlled and orderly way" to exit.