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

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

Detention under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 is lawful unless and until the Hardial Singh principles are breached, i.e., when there is no longer a realistic prospect of deportation within a reasonable time. From 1 June 2010, the appellant's continued detention was unlawful as there was no prospect of removal, entitling him to damages for false imprisonment for that period only.

Parties
Claimant/appellant: David Francis; Defendant/respondent: Secretary of State for the Home Department; Intervener: Bail for Immigration Detainees
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Civil Appeal (judicial Review/false Imprisonment) / Court of Appeal Judgment on Appeal
Outcome
Appeal allowed in part; dismissed in part.
Legal Topics
False Imprisonment, Detention Pending Deportation, Statutory Interpretation, Hardial Singh Principles, Judicial Review
Immigration Law Public Law Human Rights False Imprisonment Detention Pending Deportation Statutory Interpretation Hardial Singh Principles Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

David Francis

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Bail for Immigration Detainees

Intervener

Procedural Posture

Civil Appeal (judicial Review/false Imprisonment) / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether detention under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 is vitiated by public law errors such as failure to review or application of unlawful policy
  2. 2 Whether the Hardial Singh principles apply to mandatory detention under paragraph 2(1) and continued detention under paragraph 2(3)
  3. 3 Whether the appellant's detention became unlawful when there was no longer a realistic prospect of deportation

Ratio Decidendi

Detention under paragraph 2(1) of Schedule 3 to the Immigration Act 1971 is lawful unless and until the Hardial Singh principles are breached, i.e., when there is no longer a realistic prospect of deportation within a reasonable time. From 1 June 2010, the appellant's continued detention was unlawful as there was no prospect of removal, entitling him to damages for false imprisonment for that period only.

Court Disposition

Appeal allowed in part; dismissed in part.

Orders

  • Appellant entitled to damages for false imprisonment for the period 1 June 2010 to 29 September 2011.
  • Appeal dismissed for earlier periods of detention.