URGENT
LAWFUL REQUEST FOR IMMEDIATE INTERVENTION TO
SUSPEND UNLAWFUL REMOVAL ORDER
The 5th of November 2026
To: The Governor of Gibraltar
Cc: Commissioner of the Royal Gibraltar Police / Principal Immigration Officer Owain Richards and Attorney General of Gibraltar Michael Llamas, CMG KC
From: Anthony Farrell
Re: Unlawful Declaration under section 52(1)(f) of the Immigration, Asylum and Refugee Act in violation of section 59(3) that requires Immediate Action
Greetings and good wishes to you Governor Ben Bathurst.
This urgent letter is delivered to you today to inform you of a troubling, unlawful attempt to circumvent and override not only the court’s authority and that of the Constitution of Gibraltar, but yours as well.
On 21 October 2026, I was served with a notice signed by the Commissioner of the Royal Gibraltar Police Owain Richards, apparently acting in the capacity of Principal Immigration Officer. This declaration purports to classify me without reason or explanation as a “prohibited immigrant” under section 52(1)(f) of the Immigration, Asylum and Refugee Act (“IARA”) and requires my departure from Gibraltar within 21 days. Please see the relevant section from the IARA below, along with a copy of the notice itself attached in Tab 1:
Section 52(1)(f) a person who, in consequence of any information received from any source considered by the Principal Immigration Officer to be reliable or from any government, is deemed to be an undesirable immigrant*
This 21 October 2026 declaration from RGP Commissioner Owain Richards comes only 27 days after a court ruling by Stipendiary Magistrate Major Charles Bonfante, that dismissed a deportation application by the Crown over what was deemed to be “a minor offence”. Please find a copy of that ruling in Tab 2.
On 07 October 2026, I timely filed a notice of appeal of my conviction in CR/25/28757/V, which predates the 21 October 2026 declaration. A separate, civil appeal is also currently in the Court of Appeal in 2026/CACIV/010, Helen Carter v Anthony Farrell.
Pursuant to section 59(3) of the IARA, not even you have the authority to deport someone when they have an appeal pending of the underlying conviction.
59(3) An order shall not be made under subsection (2) by the Governor so long as any appeal is pending against the recommendation of the court or against the conviction on which the recommendation of the court was made.
Section 52 and 59 actions are not unrelated legal mechanisms. The effect of declarations made under section 52 are specifically and directly linked to section 59 by section 53(4) of the IARA.
53(4) Any prohibited immigrant may be dealt with in the same manner as an unauthorized person may be dealt with under section 59.
Further, there are also serious constitutional issues concerning the use of section 52(1)(f) of the IARA, both generally and particularly, where section 52(2) is combined with the express restriction in section 52(3) on remaining in Gibraltar while the appeal of the declaration is pending. In this case, an appeal of the constitutionality of a declaration and notice of deportion made for undisclosed reasons based on information from an undisclosed source.
This raises some serious, troubling questions, e.g.:
1) Who gave the Principal Immigration Officer powers that supersede/override a Court order, the Constitution of Gibraltar and the powers of the Governor?
2) As the Principal Immigration Officer is also the Commissioner of the Royal Gibraltar Police, has he not unlawfully exceeded his powers in assuming they supersede and/or override your own power as Governor?
3) If the RGP Commissioner has exceeded his authority, is Gibraltar now a de facto police state rather than a democracy, exercising policing powers they do not and/or should not have?
4) If this action was coerced by a “reliable” source, regardless of whether that source is in the public or private sector, doesn’t that information need to be publicly disclosed so it can be challenged in accordance with the constitutionally guaranteed right to a fair trial?
5) If the information is so damning that it warrants deportation, why not reveal it, and thus avoid even the appearance of impropriety or corruption?
6) Was this 21 October 2026 declaration by Owain Richards merely carrying out threats levied against me by Moshe Hassan, who threatened to “deck” me if I didn’t leave because “We Jews control Gibraltar”? Or was it the veiled threat from Shlomo Levy of Hassans, who said my “biggest mistake” was naming his dad, James Levy, on the envelope of an amicus curiae (friend of the court) brief I submitted in relation to the McGrail Inquiry? Or was this retaliation by Marlene Hassan-Nahon and/or Naomi Hassan-Weisfogel for my support of the nurse falsely accused of antisemitic remarks that she could not possibly have made? Or all of the above?
7) Is this why the RGP refused to issue me a crime report when the veiled threat by Shlomo Levy was reported? Is this also why the 2024 crime reports I submitted to former RGP Commissioner Richard Ullger, who was always friendly and kind to me, ultimately were never acted upon?
The purpose of the constitution is to enumerate, guarantee and protect the rights of the people from government use of coercive force, like this 21 October 2026 declaration. It also appears this declaration is an unlawful, desperate attempt to prevent my pending appeals, in order to cover up the very corruption and crimes against Gibraltarians that have been personally reported, which have been carried out by the government, the RGP and the GHA.
Removal while these appeals remain pending would risk substantially prejudicing my ability to bring these cases to a lawful and just conclusion. The rights and protections afforded to each of us under the law, including effective access to justice under section 8 of the Gibraltar Constitution, must be expressly and carefully considered before any lawful enforcement action is taken.
There is also the larger question of internal security. If the government, RGP and GHA are controlled by private sector individuals able to exert pressure on them through personal or corporate channels, who will investigate this corruption and rectify it?
The record reflects that my campaigning, crime reports and actions were motivated by genuine concerns for the people of Gibraltar, the protection of public health and the prevention and detection of suspected wrongdoing. If speaking out against dangerous government policies and corruption is enough to get a British Citizen deported from an oversees British territory without reason or a fair hearing, what does that say about the state of affairs in Gibraltar? The local media is watching this situation very carefully, particularly in light of the recently implemented treasonous TGEU and the 90/180 day rule for British visitors to Gibraltar.
I do not accept that the use of immigration powers should be permitted to frustrate the practical exercise of constitutional rights, overrule the judicial process, and/or supersede the powers of the Governor of Gibraltar. Hopefully that is a perspective that you share, along with my love of Gibraltar, its people and its bright future. If so, please act swiftly to put an immediate stop to this injustice.
Yours faithfully,
Anthony Farrell
COMPLETE “REQUEST” PDF: URGENT LAWFUL REQUEST FOR IMMEDIATE INTERVENTION TO SUSPEND UNLAWFUL REMOVAL ORDER