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

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

The Secretary of State has power to grant immigration bail to persons 'liable to detention' under the Immigration Act 2016, even if detention cannot lawfully be exercised; the statutory language, legislative history, and transitional provisions support this interpretation; bail conditions do not inherently violate fundamental rights and any unlawful conditions can be challenged individually.

Parties
Claimant/appellant: Seth Kaitey; Defendant/respondent: Secretary of State for the Home Department; Intervener: Bail for Immigration Detainees
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Immigration Bail, Statutory Interpretation, Deportation, Detention Powers, Article 5 ECHR, Transitional Provisions
Immigration Law Administrative Law Human Rights Immigration Bail Statutory Interpretation Deportation Detention Powers Article 5 ECHR +1 more

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Parties

Seth Kaitey

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Bail for Immigration Detainees

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Secretary of State has power to grant immigration bail to persons who cannot lawfully be detained
  2. 2 Interpretation of 'liable to detention' under Immigration Act 2016
  3. 3 Compatibility of immigration bail regime with Article 5 ECHR

Ratio Decidendi

The Secretary of State has power to grant immigration bail to persons 'liable to detention' under the Immigration Act 2016, even if detention cannot lawfully be exercised; the statutory language, legislative history, and transitional provisions support this interpretation; bail conditions do not inherently violate fundamental rights and any unlawful conditions can be challenged individually.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal on Ground 2 refused
  • Application to adduce fresh evidence refused