High Court Rejects Challenge to Home Office’s Use of 2 RAF Bases to House Asylum Seekers

RAF Scampton—which was home to the Dambusters during the Second World War—can be used to house asylum seekers, following a High Court ruling.

The entrance to RAF Scampton, in Lincolnshire, England on March 29, 2023. Callum Parke/PA

The High Court in London has thrown out objections to government plans to use two disused RAF bases to house single male illegal immigrants seeking asylum.

Local councils in Lincolnshire and Essex were opposed to plans by the Home Office and the Department for Levelling Up, Housing and Communities to convert RAF Scampton and RAF Wethersfield, respectively.

In the summer, the Home Office announced it wanted to house 2,000 illegal immigrants at RAF Scampton, but West Lindsey District Council objected.

Braintree District Council in Essex had also sought to block the use of land at RAF Wethersfield.

Airfield Linked to Dambusters Raid

RAF Scampton is famous for being the airfield where the Dambusters took off on their famous raid in May 1943.

Nineteen Lancaster bombers, crewed by 133 airmen, took part in Operation Chastise, which targeted several dams in Germany.

Led by Wing Commander Guy Gibson, and using the “bouncing bomb” invented by engineer Barnes Wallis, they destroyed the Mohne and Eder dams and badly damaged another one on the Sorpe river.

The floodwaters destroyed bridges, railways and roads in the highly industrialised Ruhr valley region and 70,000 people were diverted from their regular wartime duties by the Nazi regime. It also caused water and electricity shortages, which damaged the German war effort.

The raid was turned into a 1955 film, Dambusters, starring Richard Todd as Wing Cmdr. Gibson and Michael Redgrave as Mr. Wallis.

West Lindsey District Council argued the decision to use land at RAF Scampton was unlawful, but Ms. Justice Thornton rejected their arguments and those of Braintree District Council and a Wethersfield resident, Gabriel Clarke-Holland.

Lawyers representing the councils said ministers could only rely on “permitted development rights” because there was no “emergency” which required them to supersede the rules.

They also argued the immigrants would stay at the base for longer than the 12 months the Home Office claimed.

Accommodation Needed for the ‘Destitute’

But in her judgment, Ms. Justice Thornton said: “The Secretary of State for the Home Department has a statutory responsibility to provide accommodation and other support to asylum seekers and their dependants who would otherwise be destitute.”

“Since the COVID-19 pandemic, the number of asylum seekers requiring accommodation has reached unprecedented levels,” she added.

She added: “As a result of the strains on the asylum system, in Jan. 2023, the Home Office approached the Ministry of Defence and other government departments enquiring about the availability of Crown Estate assets which could be made suitable in the short term to assist with accommodating asylum seekers.”

“A submission to the minister for immigration, dated Jan. 27, 2023, sought a decision to explore the use of RAF Wethersfield and RAF Scampton to accommodate single adult male asylum seekers,” she added.

In her judgment she also said the immigration minister Robert Jenrick—who resigned in protest at the wording of the Rwanda treaty—had set out various measures which were being introduced to tackle illegal migration.

“The measures included increased enforcement and removals of people with no right to remain; Anglo-French cooperation and a partnership with Rwanda to process claims,” said the judge.

The Rwanda “partnership” has been held up by the UK Supreme Court, but earlier this week, Home Secretary James Cleverly signed a treaty in Kigali and promised emergency legislation to push it through.

Tory Council Plan to Appeal

Conservative-controlled Braintree District Council said it intended to appeal.

Council leader Graham Butland said, “We are, of course, disappointed with this outcome after months of work to present our case and evidence as we still believe it isn’t an appropriate site for a development of this scale given its remote location and the lack of capacity in local services.”

British Home Secretary James Cleverly (L) and Rwanda's foreign minister Vincent Biruta (R) pose for the cameras after signing a treaty in Kigali, Rwanda, on Dec. 5, 2023. PA

The leader of Liberal Democrat-controlled West Lindsey Council, Trevor Young, said: “West Lindsey District Council remains firmly of the view that the site of RAF Scampton is not suitable for accommodating 2,000 single adult male asylum seekers.”

“It was important for us to challenge the decision taken by the government in March of this year and we made a strong case to the court. We understand the concerns and frustrations of our community,” he added.

A Home Office spokesman welcomed the judgment and said, in a statement emailed to The Epoch Times: “Using surplus military sites provides more orderly accommodation for those arriving in small boats while reducing the use of hotels, as we continue to deliver our plan to stop the boats.”

“We are working with councils and key partners to manage the impact of using these sites, including liaising with local police to make sure appropriate arrangements are in place,” he added.

PA Media contributed to this report.