Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Detention under paragraph 2(1) and 2(3) of Schedule 3 to the Immigration Act 1971 is lawful unless and until the Hardial Singh principles are breached; once removal is no longer possible within a reasonable time, statutory authority for detention ceases and continued detention constitutes false imprisonment.

Citation
[2014] EWCA Civ 718
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
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed in part; damages for false imprisonment awarded for period from 1 June 2010 to 29 September 2011; appeal dismissed for earlier periods.
Legal Topics
False Imprisonment, Detention Pending Deportation, Hardial Singh Principles, Statutory Interpretation, Judicial Review
Immigration Public Law Human Rights Tort False Imprisonment Detention Pending Deportation Hardial Singh Principles Statutory Interpretation +1 more

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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

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether detention under paragraph 2(1) and 2(3) of Schedule 3 to the Immigration Act 1971 is vitiated by public law errors
  2. 2 Whether the Hardial Singh principles apply to mandatory detention under paragraph 2(1)
  3. 3 Whether the Secretary of State's failure to review detention renders it unlawful

Ratio Decidendi

Detention under paragraph 2(1) and 2(3) of Schedule 3 to the Immigration Act 1971 is lawful unless and until the Hardial Singh principles are breached; once removal is no longer possible within a reasonable time, statutory authority for detention ceases and continued detention constitutes false imprisonment.

Court Disposition

Appeal allowed in part; damages for false imprisonment awarded for period from 1 June 2010 to 29 September 2011; appeal dismissed for earlier periods.

Orders

  • Damages for false imprisonment to be assessed for period 1 June 2010 to 29 September 2011
  • No substantive relief for first and second periods of detention