(1) A person whose removal from the United Kingdom has become an impossibility in the sense identified by the House of Lords in R (Khadir) v Secretary of State for the Home Department [2005] UKHL 39 cannot be subject to immigration bail (formerly temporary admission). Such ‘Khadir’ Impossibility is, however, a high threshold to surmount.
(2) Applying the four-stage analysis of Haddon Cave LJ in RA (Iraq) v Secretary of State for the Home Department [2019] EWCA Civ 850, an individual who is subject to immigration bail may still succeed in a human rights challenge, based on ending his state of legal ‘limbo’ in the United Kingdom, where the case is of a truly exceptional nature.
Citations:
[2021] UKUT 62 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 05 November 2022; Ref: scu.660044