A crowd gathered outside the First Tier Tribunal, Immigration and Asylum Chamber in north London yesterday morning, to show their support for Marcus Decker and his partner Holly facing government barrister Zane Malik KC in an appeal against deportation.
The case was heard by Judge Mary Mulready, and Marcus’ barrister was Nicholas Armstrong KC.
Marcus Decker is a German citizen who was given pre-settled status in 2022 after living in the UK for two years previously. He met his partner Holly soon after arriving here and has lived with her and acted as a stepfather to her two children for those years.
In October 2023, as part of Just Stop Oil’s campaign demanding the government acknowledge climate science and halt all new oil and gas licences, Marcus and fellow activist Morgan Trowland took part in a daring protest climbing high above the Thames to raise a Just Stop Oil banner on the Queen Elizabeth Bridge M25 Dartford crossing. The two were eventually brought down after two days, during which police closed the bridge, causing widespread disruption, and massive media attention.
After months on remand, Morgan and Marcus received prison sentences of 2 years 7 months, and 3 years respectively. An appeal against the length of sentence acknowledged that it was “well beyond previous sentences imposed for this type of offending”, and was designed to “deter others” in accordance with the government’s new Police, Crime, Sentencing and Courts Act.
Under the UK Borders Act 2007, any non-British citizen receiving a sentence of more than 12 months is classed as a ‘foreign criminal’ and is served a deportation order by the Home Secretary.
Facing the splitting up of his family, and what is seen as further punishment beyond the already record-breaking prison terms, Marcus’ plight has attracted considerable interest and support. A crowd-funder raised more than £50k towards the legal costs of an appeal, and a wide range of public figures have raised their concerns. These include the UN Special Rapporteur on Environmental Defenders Michel Forst, who accuses the government of breaching the Aarhus Convention.
Others writing to the government include film-maker Adam McKay and retired British Major-General John Seumas Kerr CBE, Barrister Robert McKracken KC. In all, various letters of support amounted to more than 750 signatories, including climate scientists, Nobel Prize laureates, health professionals, artists, performers, Quakers, and well-known figures such as former government scientific adviser Sir David King, Lord Peter Hain, George Monbiot, Rabbi Newman, Alan Rusbridger and naturalist Chris Packham.
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It was clear this was going to be no ordinary deportation appeal hearing – unlike a criminal court, hearings are conducted in small rooms with no public or press gallery, and only 10 people were allowed in.
For an hour, Marcus was questioned by the government lawyer, whose main case centred around the fact that Marcus was likely to reoffend, and that sending him to Germany was not particularly harsh, as he had some family there and spoke German. Holly was also questioned for a similar time, and the Home Secretary’s suggestion was that she should move to Germany with her children and set up a new life there (despite the disruption this would cause to her career as a classical musician, the fact she didn’t speak German, and the upheaval to her children who have a huge support network through school, community, family, and with their biological father and his family).
Marcus’ barrister noted that the government’s response to the legal arguments in the appeal had not properly addressed the various human rights issues raised. Marcus’ extended prison sentence was appealed in October 2023, and although Lady Chief Justice Carr upheld the sentences, she conceded that the protesters had committed a crime of conscience which engaged Articles 10 and 11 of the Human Rights Act, but that Parliament had deliberately enacted the new sentencing laws as a “deterrent” to this kind of protest. She did however state that the sentences had been “at the outer edge of proportionality”.
Mr. Armstrong argued that adding deportation as a further step, amounted to unduly harsh interference in Marcus’ rights, and that there were compelling reasons to allow him to remain in the UK, not least of which were that he was a person who had showed leadership, direction, conscience and principle – excellent characteristics as an example to his stepchildren.
The important thing to note is that this case really takes us into the realms of new law. Marcus is the first conscientious protester to ever face deportation proceedings, due to changes in sentencing which an authoritarian government brought in specifically to deter peaceful protest in the face of climate change. A letter from leading climate scientist Dr Rose Zheng Abramoff (given in evidence) states that non-violent civil disobedience has become a necessary part of climate science communication in the face of slow-moving governments.
Having heard all the evidence over several hours, the expectation was that Judge Mulready would reserve judgment and hand down her decision in two or three weeks. However, she took everyone by surprise by announcing her decision the appeal was upheld and Marcus’s deportation is rejected.
The judge will give her written judgement before the end of the month, and the government will have two weeks in which to decide whether to appeal to an upper tribunal, but this would now only be on points of law, and Marcus and Holly would not have to face further examination. If no appeal is launched, Marcus’ GPS tag should soon be removed and he can look forward to the rest of his life and continued peaceful campaigning on climate and social justice issues.
