‘Siyamala Thavarajah is an asylum seeker whose application for asylum was refused in 2013 by the Secretary of State and whose appeals from that refusal to the First Tier Tribunal and the Upper Tribunal were rejected. She made a further application for asylum on 13 May 2014, to which I refer throughout this judgment as her ‘Further Submissions’; she applies for judicial review of three decisions, namely:
i) the decision made on her Further Submissions on 17 May 2014;
ii) the setting of directions for her removal on 18 May 2014;
iii) her detention from 13 May 2014 onwards
She succeeds in her challenge to the first and third decisions. I find that in making a decision on the Claimant’s Further Submissions the Defendant failed to follow one of her own policies, and I find that that failure also made the claimant’s detention unlawful, at least from 17 May 2014 onwards. The challenge to the removal directions is now academic and I make no decision about it. The Claimant’s challenge to her detention from 13 May 2014 on the basis of the report made to the Defendant pursuant to rule 35 of the Detention Centre Rules fails.’
Prof Cooke
[2015] EWHC 208 (Admin)
Bailii
England and Wales
Updated: 15 July 2021; Ref: scu.542311