The Secretary of State appealed an order requiring him to reconsider refusal of exceptional leave to remain. The applicant was an Iraqi Kurd. It was not possible to make immediate arrangements for repatriation after the order.
Held: The Secretary decided to issue removal directions, but then with the passage of time, it became increasingly unrealistic to assert that the respondent was a person who might be detained pending his removal in pursuance of removal directions. Thus he was deprived of his right to grant temporary admission pursuant to paragraph 21 of schedule 2 to the 1971 Act. However the 2002 Act had changed the situation, and the court must apply the law as it now stands. Appeal allowed.
Lord Justice Chadwick Lord Justice Kennedy Lord Justice Mance
[2003] EWCA Civ 475, Gazette 12-Jun-2003
Immigration and Asylum Act 2002
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 – 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 . .
Appeal from – Hwez and Khadir v Secretary of State for the Home Departmentand Another Admn 29-Jul-2002
. .
Cited by:
Appeal from – 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 – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the . .
These lists may be incomplete.
Updated: 21 June 2021; Ref: scu.180453