The claimant had been detained for nearly three years while his application for asylum was determined. He sought judicial review, saying that the detention was unlawful. Whilst in detention he had self harmed and said: ‘I will stay in detention for the rest of my life but I will not return to Iran as I will be executed’. Arrangements for the return of detainees to Iran required their signed consent. He had no criminal record here save on immigration matters.
Held: The court recognised the tension between the claimant’s human rights and the need to manage claimants expected to be deported. The claimant had ‘a firmly settled intention not to return to Iran and that he will do nothing to facilitate any process by which that will be achieved.’ Accordingly the respondent had not established a reasonable prospect of the claimant being returned within any reasonable time. The detention was now unlawful. To allow consideration to be given to where he might live on release, the order for release was to be delayed by 28 days.
Foskett J
[2009] EWHC 2094 (QB)
Bailii
European Convention on Human Rights 5, Immigration Act 1971
England and Wales
Citing:
Cited – Badjoko, Regina (On the Application of) v Secretary Of State for the Home Department Admn 12-Sep-2003
. .
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 – 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 – 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 . .
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 – Abdi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-May-2009
The applicant had spent 30 months in administrative detention pending removal but was described as having ‘a long history of criminal offending. His convictions variously include two counts of indecent assault, robbery, burglary, assault on a police . .
Cited – Jamshidi, Regina (on the Application of) v Secretary of State for the Home Department Admn 23-Jun-2008
The claimant sought to challnge his continued detention by way of judicial review. His asylum application had been rejected. . .
Cited – Qaderi, Regina (on the Application of) v Secretary of State for the Home Department Admn 13-May-2008
Asylum claim under false name – long detention pending decision on deportation. . .
Cited – Chen v Secretary Of State for the Home Department Admn 5-Dec-2002
The court considered the appropriateness of detaing a potential deportee when he was set against returning home. The applicant had been convicted on three charges of kidnapping false imprisonment and blackmail. Goldring J said: ‘The case of Mohamed . .
Cited – Regina on the Application of IO v Secretary of State for the Home Department Admn 2008
. .
Cited – A, Regina (on the Application of) v Secretary of State for the Home Department CA 30-Jul-2007
The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful.
Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had . .
Lists of cited by and citing cases may be incomplete.
Immigration, Administrative, Human Rights
Updated: 02 November 2021; Ref: scu.375082