Ali, R (on the application of) v The Secretary of State for the Home Department & Anor [2017] EWCA Civ 138 (09 March 2017)

Ali, R (on the application of) v The Secretary of State for the Home Department & Anor [2017] EWCA Civ 138 (09 March 2017)

Where a person detained under immigration powers is, as a matter of objective fact, an unaccompanied child, detention beyond the strict limits set out in paragraph 18B of Schedule 2 to the Immigration Act 1971 (as amended) is unlawful, regardless of whether the detaining officers had reasonable grounds to believe the person was an adult at the time of detention.

Citation
[2017] EWCA Civ 138
Parties
Claimant/respondent: Abdul-Muttelab Awed Ali; Defendant/appellant: Secretary of State for the Home Department and Another
Jurisdiction
England and Wales
Judgment Date
09 March 2017
Procedural Posture
Appeal (administrative Law, Immigration) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Detention of Unaccompanied Children, Statutory Interpretation, Damages for Unlawful Detention, Age Assessment in Immigration, Section 55 Borders, Citizenship and Immigration Act 2009
Immigration Law Administrative Law Public Law Detention of Unaccompanied Children Statutory Interpretation Damages for Unlawful Detention Age Assessment in Immigration Section 55 Borders, Citizenship and Immigration Act 2009

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Parties

Abdul-Muttelab Awed Ali

Claimant/respondent

Secretary of State for the Home Department and Another

Defendant/appellant

Procedural Posture

Appeal (administrative Law, Immigration) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether detention of an unaccompanied child, reasonably but mistakenly assessed as an adult, is lawful under Schedule 2 to the Immigration Act 1971 as amended by the Immigration Act 2014
  2. 2 Interpretation of 'unaccompanied child' and statutory requirements for detention under paragraph 18B

Ratio Decidendi

Where a person detained under immigration powers is, as a matter of objective fact, an unaccompanied child, detention beyond the strict limits set out in paragraph 18B of Schedule 2 to the Immigration Act 1971 (as amended) is unlawful, regardless of whether the detaining officers had reasonable grounds to believe the person was an adult at the time of detention.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the claimant was unlawfully detained for the period in question is upheld
  • Damages to be assessed for the period of unlawful detention