Bizimana, R (on the application of) v Secretary of State for the Home Department

Bizimana, R (on the application of) v Secretary of State for the Home Department

The continued detention of the claimant became unlawful from 28 January 2010 because, by that date, it had become apparent that the Secretary of State would not be able to effect deportation within a reasonable period, given the unresolved nationality issues, the pending application to revoke the deportation order, and the likely lengthy appeal process. The last five months of detention (28 January 2010 to 28 June 2010) were therefore unlawful under the Hardial Singh principles.

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 From High Court to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Detention Pending Deportation, Unlawful Detention, Deportation Orders, Article 8 ECHR, Section 55 Borders, Citizenship and Immigration Act 2009, Hardial Singh Principles
Immigration Law Administrative Law Human Rights Detention Pending Deportation Unlawful Detention Deportation Orders Article 8 ECHR Section 55 Borders, Citizenship and Immigration Act 2009 +1 more

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Parties

Amada Bizimana

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant's detention pending deportation became unlawful under the Hardial Singh principles
  2. 2 Whether the Secretary of State could lawfully continue detention given delays and the likelihood of deportation within a reasonable period
  3. 3 Impact of section 55 of the Borders, Citizenship and Immigration Act 2009 and Article 8 ECHR on the lawfulness of detention

Ratio Decidendi

The continued detention of the claimant became unlawful from 28 January 2010 because, by that date, it had become apparent that the Secretary of State would not be able to effect deportation within a reasonable period, given the unresolved nationality issues, the pending application to revoke the deportation order, and the likely lengthy appeal process. The last five months of detention (28 January 2010 to 28 June 2010) were therefore unlawful under the Hardial Singh principles.

Court Disposition

Appeal allowed in part

Orders

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