JB (Jamaica), R (on the application of) v Secretary of State for the Home Department

JB (Jamaica), R (on the application of) v Secretary of State for the Home Department

A state in which a substantial section of the population, defined by immutable characteristics such as sexual orientation, faces systematic persecution cannot lawfully be designated as generally safe under section 94(4); failure to properly assess suitability for fast-track determination and comply with detention policy renders detention unlawful.

Parties
Claimant/appellant: JB (Jamaica); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 June 2013
Procedural Posture
Judicial Review and Damages Claim / Appeal From High Court
Outcome
Appeal allowed in respect of unlawful detention and designation; matter remitted for damages assessment.
Legal Topics
Asylum, False Imprisonment, Designation of Safe States, Persecution of LGBT Persons, Detention Policy
Immigration Law Human Rights Law Administrative Law Asylum False Imprisonment Designation of Safe States Persecution of LGBT Persons Detention Policy

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Parties

JB (Jamaica)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review and Damages Claim / Appeal From High Court

Legal Issues

  1. 1 Whether Jamaica's designation as a 'safe state' under section 94(4) of the Nationality, Immigration and Asylum Act 2002 is lawful given systematic persecution of LGBT persons
  2. 2 Whether the appellant's detention pending asylum determination complied with the DFT/DNSA policy and was lawful

Ratio Decidendi

A state in which a substantial section of the population, defined by immutable characteristics such as sexual orientation, faces systematic persecution cannot lawfully be designated as generally safe under section 94(4); failure to properly assess suitability for fast-track determination and comply with detention policy renders detention unlawful.

Court Disposition

Appeal allowed in respect of unlawful detention and designation; matter remitted for damages assessment.

Orders

  • Declaration that detention between 20th October and 24th November 2010 was unlawful.
  • Matter remitted to High Court for assessment of damages.