Unlawful immigration detention – case study

My client had entered the United Kingdom in 1996 with entry clearance to join his father who had been granted leave to remain in the United Kingdom as a refugee. My client was granted indefinite leave to remain in the United Kingdom in March 2000.The Defendant made a decision to make a deportation order against

Home » Immigration law » Unlawful immigration detention – case study

kdaley-sbMy client had entered the United Kingdom in 1996 with entry clearance to join his father who had been granted leave to remain in the United Kingdom as a refugee. My client was granted indefinite leave to remain in the United Kingdom in March 2000.The Defendant made a decision to make a deportation order against the Claimant on 18 April 2007 under section 3(5) of the Immigration Act 1971.

The Claimant successfully appealed against that decision and his appeal was allowed by the Asylum and Immigration Tribunal (as it then was) in a determination promulgated on 22 November 2007 on the grounds that the decision breached the United Kingdom’s obligations under the Refugee Convention, Article 3 and 8 of the European Convention on Human Rights and the Immigration Rules.

The Defendant subsequently revoked the deportation order. On 22 May 2009 the Claimant was sentenced to 20 months imprisonment for two counts of robbery at Harrow Crown Court. Due to the 300 days he had spent on remand he was due for release on 26 May 2009. The Defendant was informed of the Claimant’s conviction and sentence on 22 May 2009. The Claimant was served with a notice dated 22 May 2009 advising him that the Defendant was considering whether section 32 (5) of the UK Borders Act 2007, in relation to automatic deportation applied to him and that he was liable to detention under s.36 (1) of the UK Borders Act 2007.

The same letter informed the Claimant that he was now detained further to s.36 (1) of the UK Borders Act 2007. The Defendant detained the Claimant from 22 May 2009 until 17 December 2009, when the Claimant was released. During the course of the period of detention at paragraph 5, the Claimant’s representatives made representations as to why s.33 of the UK Borders Act 2007, exceptions to automatic deportation applied to the Claimant. During the same period the Claimant and his probation officer made numerous requests to the Defendant for updates on his case. The Defendant proposed to desist with deportation action on 27 July 2009. This was not communicated to the Claimant. The Defendant did not proceed with deportation action and informed the Claimant of this decision on 17 December 2009. He was therefore unlawfully detained. The Defendant wrongfully and without lawful justification detained the Claimant from 26 May 2009 until 17 December 2009.

We took the matter to the High Court Queens Bench division for damages and upon negotiations we settled in excess of £25,000.

Immigration law • Uncategorized

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