PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)

PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)

The FTT proceedings were unfair due to the operation of the 2005 DFT Rules, which did not allow PN sufficient time to obtain critical evidence from Uganda. This unfairness infected the FTT determination, which was therefore quashed. The periods of PN's detention from 6 August to 10 September 2013 and from 10 September to 12 December 2013 were unlawful because they were based on the outcome of unfair and quashed FTT proceedings. Detention prior to 6 August 2013 was lawful as the unfairness had not yet arisen.

Citation
[2020] EWCA Civ 1213
Parties
Claimant/appellant/respondent: PN (Uganda); Defendant/respondent/appellant: Secretary of State for the Home Department; Interested Party: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
28 September 2020
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Cross Appeals From Administrative Court
Outcome
Appeal allowed in part; FTT determination quashed; periods of detention from 6 August to 10 September 2013 and from 10 September to 12 December 2013 declared unlawful; other periods of detention upheld as lawful.
Legal Topics
Detained Fast Track Rules, Judicial Review, False Imprisonment, Procedural Fairness, Ultra Vires, Immigration Detention, Asylum Appeals
Immigration Law Public Law Human Rights Detained Fast Track Rules Judicial Review False Imprisonment Procedural Fairness Ultra Vires +2 more

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Parties

PN (Uganda)

Claimant/appellant/respondent

Secretary of State for the Home Department

Defendant/respondent/appellant

The Lord Chancellor

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Cross Appeals From Administrative Court

Legal Issues

  1. 1 Whether the First-tier Tribunal (FTT) proceedings under the 2005 Detained Fast Track Rules were unfair and should be quashed
  2. 2 Whether periods of PN's immigration detention were unlawful
  3. 3 Whether permission was granted to challenge the FTT decision in judicial review

Ratio Decidendi

The FTT proceedings were unfair due to the operation of the 2005 DFT Rules, which did not allow PN sufficient time to obtain critical evidence from Uganda. This unfairness infected the FTT determination, which was therefore quashed. The periods of PN's detention from 6 August to 10 September 2013 and from 10 September to 12 December 2013 were unlawful because they were based on the outcome of unfair and quashed FTT proceedings. Detention prior to 6 August 2013 was lawful as the unfairness had not yet arisen.

Court Disposition

Appeal allowed in part; FTT determination quashed; periods of detention from 6 August to 10 September 2013 and from 10 September to 12 December 2013 declared unlawful; other periods of detention upheld as lawful.

Orders

  • FTT determination of 30 August 2013 quashed
  • Secretary of State to use best endeavours to facilitate PN's return to the UK