Ali, R (on the application of) v The Secretary of State for the Home Department & Anor

Ali, R (on the application of) v The Secretary of State for the Home Department & Anor

Where a person detained under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (as amended) is, in fact, an unaccompanied child, detention beyond the strict limits set out in paragraph 18B is unlawful, regardless of whether there were reasonable grounds at the time to believe the individual was an adult. The statutory language is clear and imposes strict liability.

Parties
Claimant/respondent: Abdul-Muttelab Awed Ali; Defendant/appellant: Secretary of State for the Home Department; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
09 March 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Detention of Unaccompanied Minors, Statutory Interpretation, Damages for Unlawful Detention
Immigration Law Public Law Children Law Detention of Unaccompanied Minors Statutory Interpretation Damages for Unlawful Detention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Abdul-Muttelab Awed Ali

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Equality and Human Rights Commission

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether detention of an unaccompanied child, reasonably but mistakenly assessed as an adult, is lawful under the amended Immigration Act 1971 as modified by the Immigration Act 2014
  2. 2 Whether the amended statutory provisions impose strict liability for detention of children beyond the limits set out in paragraph 18B

Ratio Decidendi

Where a person detained under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (as amended) is, in fact, an unaccompanied child, detention beyond the strict limits set out in paragraph 18B is unlawful, regardless of whether there were reasonable grounds at the time to believe the individual was an adult. The statutory language is clear and imposes strict liability.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the claimant was unlawfully detained for the identified period
  • Damages to be assessed for the period of unlawful detention