Irish Travellers have failed in a last-ditch legal attempt to prevent their eviction from a leisure centre car park.
The Court of Appeal dismissed a challenge to an order made for the removal of caravans at the council-owned site in Magherafelt, Co Derry.
Lady Chief Justice Dame Siobhan Keegan gave those still occupying the land until early next week to relocate.
Mid Ulster District Council issued initial proceedings after a group of Travellers moved onto the council-owned site at Greenvale Leisure Centre in March.
Concerns were raised over potential health and safety issues, along with traffic congestion at a car park used by members of the public and staff from neighbouring schools.
The local authority strongly denied claims of discrimination, insisting the occupants were fully entitled to access the leisure centre’s facilities in the same way as all others.
Lawyers for Travellers argued eviction would breach their rights to a home and nomadic lifestyle protected by Article 8 of the European Convention on Human Rights.
Disputed allegations were made that it would render them homeless due to a lack of any other suitable sites for their caravans.
Although more than 40 spaces were said to be available at recreational caravan parks owned by the council, a campaigner for Travellers’ rights insisted short-term pitches at holiday locations would not solve the problem.
Last week the High Court granted the council an order for possession after ruling that the occupants had no legal entitlement to remain in the car park indefinitely.
A judge said he was not satisfied there were no alternative sites for the caravans and directed that they should be moved by the start of this week.
Challenging that verdict in the Court of Appeal, the Travellers legal representatives contended that he was wrong to find no incompatibility with Article 8 rights.
Dame Siobhan acknowledged the case involved housing obligations and protection in law for Irish Travellers.
Ultimately, however, she held that the High Court judge properly assessed the proportionality of making the order for possession.
“(He) cannot be said to have been wrong when he weighed this issue of alternative sites in the balance against the public interest points,” the lady chief justice said.
“This was a decision on proportionality which was open to the judge to make and we can’t accept the argument that it was a decision which was wrong or one we should interfere with.”
Dismissing the appeal, Dame Siobhan confirmed the order for possession of the car park site will not take effect until Monday at 4pm.
“It’s only right that there should be some allowance for arrangements to be made,” she added.
Following the hearing a solicitor for the Travellers announced plans to mount a separate judicial review challenge over the alleged failure to provide adequate sites for members of the community.
Claire McKeegan of Phoenix Law said: “Irish Travellers have been gradually forced to move out of Northern Ireland due to the systemic lack of provision of sites where they can practise their right to a nomadic way of life.
“It is well documented in public reports, including by the Human Rights Commission dating back to 2009, that this is in violation of our clients rights under the European Convention.”