The claimant challenged his past and continuing detention pending deportation. He had a long series of convictions for dishonesty.
Held: ‘it is indeed disconcerting to find that a non-violent person subject to immigration control has been in detention, when not serving any sentence of imprisonment, for over 12 months while his status is assessed and his applications are dealt with. Such a period of incarceration requires justification and it is appropriate for the court to scrutinise it anxiously.’ He had been found dishonest and manipulative, though not violent. ‘the circumstances are such as to justify the continued detention of the Claimant while his current asylum claim is determined. I put considerable weight on his character and behaviour and his immigration history. He is, as the Defendant submits, now running out of options. He has made his asylum claim and if that fails, and if he appeals and the appeal fails, he will have nowhere left to turn. The risk that he will abscond, perhaps committing further offences having done so with no means of support, is a real one. In all the circumstances the period of detention to date and the likely period of future detention is reasonable.’
Timothy Brennan QC J
[2009] EWHC 2395 (Admin)
Bailii
Immigration Act 1971
England and Wales
Citing:
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 – 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 . .
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 01 November 2021; Ref: scu.375614