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AM, Regina (on The Application of) v Secretary of State for The Home Department (Legal ‘Limbo’): UTIAC 1 Feb 2021

(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:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 05 November 2022; Ref: scu.660044

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