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 thought to be his home country.
Held: 1) The Court of Appeal allowed B’s appeal in relation to SIAC’s bail jurisdiction on the ground that SIAC had no jurisdiction to impose bail conditions on B if his detention would be unlawful.
(2) The Court of Appeal also allowed B’s appeal against the strike out of B’s SIAC appeal and remitted the matter to SIAC.
Lord Dyson MR, Richards, Black LJJ
[2015] EWCA Civ 445, [2015] 3 WLR 1031, [2015] WLR(D) 210, [2016] QB 789
Bailii, WLRD
Immigration Act 1971, Special Immigration Appeals Commission Act 1997 3
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 by:
At CA – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
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 . .
These lists may be incomplete.
Updated: 22 June 2021; Ref: scu.546408
