Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration bail to a person who can no longer be lawfully detained.’
Held: The HS’ appeal failed. The statutory provisions allowed limits to be placed on an individuals freedom and had to be strictly and restrictively interpreted. That would not allow the addition of such a power by inference.
Parliament is presumed not to interfere with the liberty of a subject without making such an intention clear. The focus here was on a power not of executive detention but to grant bail. Being detained was a condition precedent for the question of bail to arise.
Judges:
Lady Hale, President, Lord Mance, Deputy President, Lord Hughes, Lord Hodge, Lord Lloyd-Jones
Citations:
[2018] UKSC 5, [2018] WLR(D) 81, [2018] AC 418, [2018] HRLR 10, [2018] 2 All ER 759, [2018] 2 WLR 651, [2018] INLR 315, UKSC 2015/0147
Links:
Bailii, WLRD, SC, Sc Sumary, SC Video Summary, SC 2017 Nov 14 am Video, SC 2017 Nov 14 pm Video, SC 2017 Nov 15 am Video, Bailii Summary
Statutes:
Immigration Act 1971, Special Immigration Appeals Commission Act 1997
Jurisdiction:
England and Wales
Citing:
At SIAC – B v Secretary of State for the Home Department SIAC 30-Jul-2008
Appeal against an order made by the Secretary of State that it will be conducive to the public good that he should be deported, on the grounds that his removal is in the interests of national security. The appellant said that he would not be safe if . .
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
Cited – Regina (Konan) v Secretary of State for the Home Department Admn 21-Jan-2004
The claimants alleged that their immigration detention had been unlawful.
Held: Collins J said: ‘Since the detention at least since 24 June 2002 was contrary to the defendant’s own policy as published in Chapter 38, it was unlawful. In so . .
At CA – B v The Secretary of State for The Home Department CA 6-May-2015
The appellant was detained under immigration rules. He refused to provide details of his nationality and now complained of his continuing detention in the light of a finding that he was unlikely to be returnable to Algeria, that being what was . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
See Also – B (Algeria) v Secretary of State for The Home Department SC 30-Jan-2013
B had been under arrest on suspicion of involvement in terrorist activity, but had not revealed his identity, in contempt of court orders to do so, so that the respondent was unable to secure a destiny for his deportation. He had been sentenced to . .
See Also – B v Secretary of State for The Home Department CA 21-Jul-2011
The defendant appealed against a sentence of imprisonment of four months imposed for his refusal to reveal his true identity. He was in custody suspected of terrorist activities. The identity he had given had been shown to be false, and the Algerian . .
Cited – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Stellato v The Ministry of Justice CA 14-Dec-2010
The claimant having been released on licence from a prison sentence refused to comply with the conditions of his licence on the ground that he was entitled to be released unconditionally. He was returned to prison. The Divisional Court dismissed his . .
Cited – Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
Cited – In re Wasfi Suleman Mahmod Admn 17-Jan-1994
Laws J considered the Hardial Singh principles, adding: ‘While, of course, Parliament is entitled to confer powers of administrative detention without trial, the courts will see to it that where such a power is conferred the statute that confers it . .
Cited – Tan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
Cited – AR, Regina (on The Application of) (Pakistan) v The Secretary of State for The Home Department CA 29-Jul-2016
The court was asked ‘If bail is granted by the First Tier Tribunal on conditions, how long do these conditions last and does the Secretary of State or her immigration officers have authority to vary or relax those conditions?’
Held: Paragraph . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Khadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
Cited – Stellato v Secretary of State for the Home Department CA 1-Dec-2006
In 1998, the prisoner had been sentenced to ten years’ imprisonment. He had been released on licence after serving two thirds of that sentence, but then recalled on three occasions. He now sought unconditional release after serving three quarters of . .
Cited – Othman, Regina (on The Application of) v Special Immigration Appeals Commission (SIAC) and Others Admn 9-Aug-2012
The court gave its reasons for refusing the claimant’s applications for habeas corpus and permission to seek judicial review of his detention. He was detained pending deportation to Jordan. He resisted saying that if retried in Jordan, the evidence . .
Lists of cited by and citing cases may be incomplete.
Immigration, Criminal Practice
Updated: 18 May 2022; Ref: scu.604212