An elderly British woman with Alzheimer’s threatened with deportation from Sweden has been given a stay following international condemnation of a move that was called a cruel, inhumane and deeply shocking misapplication of the Brexit withdrawal agreement.
After interventions from the European Commission, the Labour MP Hilary Benn and the UK Foreign, Commonwealth and Development Office, Kathleen Poole’s family have been told that police would continue their preparation for the deportation but the removal of the 74-year-old had been “placed on hold”.
Poole had moved to Sweden 18 years ago to be close to her son Wayne, her daughter-in-law Angelica and their four children but after developing dementia was moved to a care home 10 years ago.
Her family applied for the right for her to remain in Sweden post-Brexit, but the application was rejected on the grounds it was lacking financial documents and an up-to-date passport.
The family protested that the application was incomplete because she was bedridden, could not walk or talk, and had no passport because she could not travel.
On Wednesday the family received notification from the British embassy that the Swedish immigration authority had paused the removal order.
The embassy said: “Migrationsverket received a request at the end of March to stop the deportation (in Swedish called a VUT = verkställighetshinder). While there is an outstanding VUT, the planning for the deportation continues as before, but the actual execution of the deportation is placed on hold until a decision is made on the VUT.”
The pausing of the deportation came as a group of charities in the UK previously critical of the Home Office suggested the “well thought-through” guidance for British caseworkers on post-Brexit rights for EU citizens could be mirrored across Europe to avert unjustified deportations of British citizens.
In a letter to the commission, they expressed “grave concern” over the Poole case, suggesting it would not have happened in the UK because the immigration authorities have explicit rules on flexibility built into the withdrawal agreement aimed at protecting vulnerable people.
They include mandatory recognition of someone’s mental capacity and lack of valid passport ID.
“It’s incredibly unfair and cruel for Kathleen’s life to be uprooted due to post-Brexit bureaucracy. EU citizens’ rights in the UK and British citizens’ rights in the EU must mirror one another, and not be denied because of Brexit,” said Monique Hawkins, interim chief executive of the3million, a grassroots organisation that led a UK campaign to protect EU citizens’ rights post-Brexit.
They and others who signed the letter, including Settled, Works Rights Centre, Migrants Organise and Roma Support Group, successfully campaigned for the guidance to the withdrawal agreement, citing the threat to several vulnerable groups including homeless people, elderly people, children in care, survivors of domestic abuse and any others with “reasonable grounds” to have an incomplete or late application to remain in the UK.
“We vehemently disagree with the Home Office on many fronts, but EU citizens in the UK benefit from guidance which has been well thought-through in how people are treated when they cannot provide documents due to their mental capacity.” This guidance is not a political choice, but a mandatory requirement of the withdrawal agreement, Hawkins added.
The letter was also signed by Reunite Families UK, the William Gomes Podcast, Migrant Centre NI, Grassroots for Europe, European Movement and New Europeans.
It said the Home Office guidance “contains a detailed section on who can make applications to the EU settlement scheme on behalf of a vulnerable adult while addressing safeguarding concerns”, along with notes for officials. It said the withdrawal agreement also allowed for immigration authorities to “accept alternative evidence of identity” other than a passport where there were “compelling or compassionate reasons” for this.
It said such guidelines were mandatory under article 18(1)(e) of the withdrawal agreement, which states: “The host state shall ensure that any administrative procedures for applications are smooth, transparent and simple, and that any unnecessary administrative burdens are avoided.”
The European Commission said it “continues to be closely in contact with Swedish authorities on the application of withdrawal agreement’s provisions with respect to vulnerable people”.
