Home Office lawyers have argued the rights of asylum seekers are more important than those of Epping council, as the Court of Appeal considers The Bell Hotel injunction.
The Home Office and Somani Hotels, which owns the hotel in Epping, are seeking to challenge a High Court ruling that will stop 138 asylum seekers from being housed there beyond September 12.
In a ruling last week, Epping Forest District Council was granted an interim injunction after the authority claimed the hotel owners had breached planning rules by using The Bell as accommodation for asylum seekers.
"Epping represents the public interest that subsists in planning control in its local area," Home Office lawyers said in documents submitted to the Court of Appeal.
“The [Home Secretary] is taken for these purposes as representing the public interest of the entirety of the United Kingdom and discharging obligations conferred on her alone by Parliament.
“Epping’s interest in enforcement of planning control is important and in the public interest.
“However, the [Home Secretary’s] statutory duty is a manifestation of the United Kingdom’s obligations under Article 3 ECHR [European Convention on Human Rights], which establishes non derogable fundamental human rights.”
In written submissions for the hearing on Thursday, Edward Brown KC, for the department, said ending the use of hotels to accommodate asylum seekers “requires a structured response”.
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A number of protests have been held in Epping in recent weeks
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He also said individual injunction bids “ignore the obvious consequence that closure of one site means that capacity then needs to be identified elsewhere”.
Mr Brown continued: “This injunction essentially incentivises other authorities who wish to remove asylum accommodation to move urgently to court before capacity elsewhere in the system becomes exhausted.
"That creates a chaotic and disorderly approach.”
A judgement is expected at 2pm tomorrow.
Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, said that they would hand down their judgment on Friday afternoon.
He said: “Because of the great urgency of this matter, we will aim to give judgment at 2pm tomorrow.”
He continued: “If it proves impractical for us to meet the deadline, we will let people know in advance.”
The Bell became the focal point of several protests and counter-protests in recent weeks after an asylum seeker housed there was charged with sexually assaulting a teenage girl last month.
A temporary injunction has been granted to stop asylum seekers being housed at The Bell Hotel
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Ethiopian national Hadush Gerberslasie Kebatu has denied the offence and has been on trial this week.
A number of other anti-migrant protests have also sprung up across the country, stretching from Canary Wharf and Falkirk.
The Government has vowed to close all asylum hotels by 2029 and is now looking at halving the number of days someone granted asylum in the UK can stay in taxpayer-funded accommodation.
Speaking in June, Chancellor Rachel Reeves said: "I can confirm today that, led by the work of my Right Honourable Friend, the Home Secretary, we will be ending the costly use of hotels to house asylum seekers in this Parliament.
Hadush Gerberslasie Kebatu has been on trial this week
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"Funding that I have provided today, including from the transformation fund, will cut the asylum backlog; allow more appeal cases to be heard; and return people who have no right to be here, saving the taxpayer £1billion per year."
However, Reform UK leader Nigel Farage is suggesting that the councils swept up in a turquoise tsunami earlier this summer could take inspiration from Epping.
Responding to speculation of other councils attempting legal challenges like the one in Epping, the Home Office's director of asylum support said: "The Home Office is aware that there have been a series of protests in the local area about the use of the hotel, including some disorder in previous weeks.
“However, following appropriate police intervention, the situation is now understood to be one of managed, peaceful protest.”