On Friday, Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said that Mr Justice Eyre made an “erroneous” decision not to let the department be involved.
Reading a summary of their decision, Lord Justice Bean said the Home Office had a “constitutional role relating to public safety” and was affected by the issues.
He continued: “The judge’s approach ignores the obvious consequence that the closure of one site means capacity needs to be identified elsewhere in the system.”
Quashing the injunction, Lord Justice Bean also said: “We grant permission to appeal, both to Somani and to (the Home Office).” He continued: “We allow the appeals and we set aside the injunction imposed on 19 August 2025.”
