I am grateful to the noble Lord. I draw his attention to the current, as of today, UK Visas and Immigration guidance, Judicial Reviews, Injunctions and Applications to the European Court of Human Rights. Where it deals with Rule 39, it says that
“a Rule 39 indication is similar to an Administrative Court … injunction but is”,
to state the obvious, made by the European Court of Human Rights. It goes on:
“Where you have been notified that a rule 39 indication has been made, you must … defer removal immediately”
and,
“where the person is detained, make sure this development is considered in relation to any decision to continue with detention”.
In other words, in their current guidance on the subjects that we are concerned with, the Government regard these Rule 39 rulings as binding. That is what the guidance tells the members of the public who have bothered to look at the Government’s own website this evening, as I have.