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A temporary injunction preventing the housing of asylum seekers at an Essex hotel has been overturned by the Court of Appeal.
Legal representatives for The Bell Hotel in Epping and the government contested a High Court ruling that would have necessitated the relocation of 138 asylum seekers from the premises by September 12.
In reversing the injunction, Lord Justice Bean declared the High Court’s decision to be “seriously flawed in principle.”
Epping Forest District Council, which initially secured the injunction, has indicated it may pursue its case against the hotel’s use to the Supreme Court.
The Home Office anticipates a surge in legal challenges from other local authorities regarding the utilization of hotels in their respective areas, fearing that Epping’s initial success would establish a precedent.
However, Lord Justice Bean stated that Mr. Justice Eyre’s High Court ruling failed to adequately consider the complexities involved in relocating the asylum seekers.
“The judge’s approach ignores the obvious consequence that the closure of one site means capacity needs to be identified elsewhere in the system,” he stated, reading the judgment rendered by himself and two other Court of Appeal judges.
Responding to the latest ruling, Conservative leader Kemi Badenoch asserted that it “puts the rights of illegal immigrants above the rights of the British people”.
Protesters congregated outside the Bell Hotel in the hours following the judgment, with many waving Union Jack and St. George’s flags.
A BBC reporter witnessed an asylum seeker being subjected to heckling.
A full High Court hearing to determine a permanent injunction for The Bell Hotel is anticipated in mid-October.
Thousands have participated in both anti-immigration demonstrations and counter-protests outside The Bell Hotel since July.
These demonstrations were triggered by the arrest of an asylum seeker residing at the hotel, who was subsequently charged with several offenses, including the sexual assault of a 14-year-old girl.
Hadush Kebatu, from Ethiopia, denies the charges and is currently on trial.
The protests served as a catalyst for the council’s application for an injunction, according to its legal team in court.
Lord Justice Bean expressed concern over this, stating: “If an outbreak of protest enhances a case, this runs the risk of acting as an impetus for further protests – some of which may be disorderly – around asylum accommodation.”
“There is a risk of encouraging further lawlessness.”
Police report that 25 arrests have been made in connection with disturbances outside the hotel, with 16 individuals charged.
Lord Justice Bean noted that Mr. Justice Eyre “made a number of errors” when imposing the injunction on August 19.
Criticism was also directed at the High Court judge’s decision to reject Home Secretary Yvette Cooper’s last-minute attempt to dismiss the council’s case.
This would have provided him with greater insight into the challenges of relocating the asylum seekers, Lord Justice Bean added.
In the High Court, Epping Forest District Council argued that The Bell Hotel’s owner, Somani Hotels, violated planning regulations by converting the site into asylum accommodation.
“The battle is not over, and we will continue the fight,” a spokesperson stated earlier.
“It is nothing less than the people of Epping would expect and deserve.”
Neil Hudson, the Tory MP for Epping Forest, described the judgment as a “dreadful decision.”
Reform UK leader Nigel Farage commented on X: “Illegal migrants have more rights than the British people under Starmer.”
However, Steve Smith, chief executive of refugee charity Care4Calais, stated that the ruling “made it clear that violent protest, and in many cases overt racism, is not a fast-track route for the far right to attack the rights of people seeking sanctuary in this country”.
Liberal Democrat home affairs spokeswoman, Lisa Smart, told the BBC that Labour should be “speeding up asylum processing to bring down the backlog and end hotel use once and for all”.
Border Security and Asylum Minister Dame Angela Eagle said the Home Office launched this appeal so hotels could be “exited in a controlled and orderly way”.
The judgment followed evidence being heard on Thursday.
Housing asylum seekers was described as a “lifeline” for the venue, which was only 1% full when it was open to paying customers in August 2022.
Becca Jones, the Home Office’s director of asylum support, added it would have been a blow to lose The Bell Hotel’s 152 beds when pressure was “significant and increasing”.
The hearing was told there were 103,684 accommodated asylum-seekers as of 31 March, higher than in 2024.
Philip Coppel KC, acting for the district council, argued there was “no compelling reason” for the appeal bid to be allowed.
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Migrants living inside an Essex hotel are due to be removed from it by 12 September.
Lawyers for The Bell Hotel owners are challenging the decision for a temporary injunction at court.
A horse riding charity in Essex says Justyna Czoska “always had a smile on her face”.
Hadush Kebatu, an asylum seeker staying at The Bell Hotel in Epping, denies five charges.
Hadush Kebatu, an asylum seeker staying at The Bell Hotel in Epping, denies five charges against him.
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