JB (Jamaica), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 666 (12 June 2013)

JB (Jamaica), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 666 (12 June 2013)

A state cannot be designated as generally safe under section 94(4) if a significant section of its population, defined by immutable characteristics such as sexual orientation, faces systematic persecution; failure to properly assess suitability for fast-track detention renders detention unlawful.

Citation
[2013] EWCA Civ 666
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 Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court)
Outcome
Appeal allowed in part; designation of Jamaica as a safe state found unlawful by majority; detention found unlawful; matter remitted for assessment of damages.
Legal Topics
Designation of Safe States, Asylum Claims, Detention Policy, False Imprisonment, Persecution of LGBT Persons
Immigration Law Human Rights Law Public Law Designation of Safe States Asylum Claims Detention Policy False Imprisonment Persecution of LGBT Persons

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Parties

JB (Jamaica)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative 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 under the DFT/DNSA policy was lawful

Ratio Decidendi

A state cannot be designated as generally safe under section 94(4) if a significant section of its population, defined by immutable characteristics such as sexual orientation, faces systematic persecution; failure to properly assess suitability for fast-track detention renders detention unlawful.

Court Disposition

Appeal allowed in part; designation of Jamaica as a safe state found unlawful by majority; detention found unlawful; matter remitted for assessment of damages.

Orders

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