Bizimana, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 414 (02 April 2012)

Bizimana, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 414 (02 April 2012)

By late January 2010, it became apparent that the Secretary of State would not be able to effect deportation within a reasonable period due to unresolved nationality issues and pending revocation application, engaging Hardial Singh principle (iii); thus, continued detention from 28 January 2010 onwards was unlawful.

Citation
[2012] EWCA Civ 414
Parties
Claimant/appellant: Amada Bizimana; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 April 2012
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; declaration of unlawful detention for specified period.
Legal Topics
Detention Pending Deportation, Unlawful Detention, Deportation Orders, Children's Welfare, Article 8 ECHR
Immigration Law Administrative Law Human Rights Law Detention Pending Deportation Unlawful Detention Deportation Orders Children's Welfare Article 8 ECHR

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Parties

Amada Bizimana

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's detention pending deportation became unlawful under Hardial Singh principles
  2. 2 Impact of section 55 Borders, Citizenship and Immigration Act 2009 on detention
  3. 3 Delay and risk of absconding in deportation proceedings

Ratio Decidendi

By late January 2010, it became apparent that the Secretary of State would not be able to effect deportation within a reasonable period due to unresolved nationality issues and pending revocation application, engaging Hardial Singh principle (iii); thus, continued detention from 28 January 2010 onwards was unlawful.

Court Disposition

Appeal allowed in part; declaration of unlawful detention for specified period.

Orders

  • Declaration that claimant's detention was unlawful from 28 January 2010 to 28 June 2010.
  • Remedy to be determined by Administrative Court unless parties agree within 21 days.