SK (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1204 (06 November 2008)

SK (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1204 (06 November 2008)

Compliance with the Detention Centre Rules 2001 and the Operations Enforcement Manual is not a condition precedent to lawful detention under paragraph 2(2) of Schedule 3 to the Immigration Act 1971. The legality of detention depends on compliance with the Hardial Singh principles and is subject to judicial review. Breaches of internal rules or policy may attract public law remedies but do not, without more, render detention unlawful or amount to false imprisonment.

Citation
[2008] EWCA Civ 1204
Parties
Respondent/cross Appellant: SK (Zimbabwe); Appellant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 November 2008
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Queen's Bench Division, Administrative Court
Outcome
Appeal allowed
Legal Topics
Immigration Detention, Deportation, Judicial Review, False Imprisonment, Article 5 ECHR, Detention Centre Rules 2001, Public Law Remedies
Immigration Law Administrative Law Human Rights Law Immigration Detention Deportation Judicial Review False Imprisonment Article 5 ECHR +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SK (Zimbabwe)

Respondent/cross Appellant

Secretary of State for the Home Department

Appellant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether failure to comply with Detention Centre Rules 2001 and Home Office policy renders immigration detention unlawful
  2. 2 Whether compliance with internal rules/manual is a condition precedent to lawful detention under Immigration Act 1971 Schedule 3, paragraph 2(2)
  3. 3 Whether breaches of review requirements amount to false imprisonment or violation of Article 5 ECHR

Ratio Decidendi

Compliance with the Detention Centre Rules 2001 and the Operations Enforcement Manual is not a condition precedent to lawful detention under paragraph 2(2) of Schedule 3 to the Immigration Act 1971. The legality of detention depends on compliance with the Hardial Singh principles and is subject to judicial review. Breaches of internal rules or policy may attract public law remedies but do not, without more, render detention unlawful or amount to false imprisonment.

Court Disposition

Appeal allowed

Orders

  • Declaration that claimant's detention was unlawful for specified periods set aside
  • Claimant's application to amend claim and notice of appeal to challenge further periods of detention remitted to High Court for determination