AT (Guinea)), R (On the Application Of) v Secretary of State for the Home Department & Anor

AT (Guinea)), R (On the Application Of) v Secretary of State for the Home Department & Anor

The Claimant's detention was lawful at all material times as the Secretary of State complied with the Hardial Singh principles, acted with reasonable diligence, and properly considered the Claimant's circumstances, including his eligibility for accommodation support and his vulnerability. There was a sufficient prospect of removal within a reasonable time, and the risk of absconding justified continued detention. No public law error or breach of Article 5 ECHR was established.

Parties
Claimant: AT (Guinea); First Defendant: Secretary of State for the Home Department; Second Defendant: First-tier Tribunal (Social Entitlement Chamber, Asylum Support)
Jurisdiction
England and Wales
Judgment Date
22 October 2019
Procedural Posture
Judicial Review / Judgment After Substantive Hearing and Renewed Application for Permission
Outcome
Claim dismissed
Legal Topics
Immigration Detention, Deportation, Asylum Support, Judicial Review, Hardial Singh Principles, Article 5 ECHR, Public Law Error, Adults at Risk Policy
Immigration Law Public Law Human Rights Immigration Detention Deportation Asylum Support Judicial Review Hardial Singh Principles +3 more

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Parties

AT (Guinea)

Claimant

Secretary of State for the Home Department

First Defendant

First-tier Tribunal (Social Entitlement Chamber, Asylum Support)

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing and Renewed Application for Permission

Legal Issues

  1. 1 Whether the Claimant's immigration detention was unlawful under the Hardial Singh principles
  2. 2 Whether the Secretary of State lawfully processed applications for accommodation and asylum support
  3. 3 Whether the First-tier Tribunal's decision to dismiss the appeal against refusal of s.95 support was lawful

Ratio Decidendi

The Claimant's detention was lawful at all material times as the Secretary of State complied with the Hardial Singh principles, acted with reasonable diligence, and properly considered the Claimant's circumstances, including his eligibility for accommodation support and his vulnerability. There was a sufficient prospect of removal within a reasonable time, and the risk of absconding justified continued detention. No public law error or breach of Article 5 ECHR was established.

Court Disposition

Claim dismissed

Orders

  • Renewed application for permission to claim judicial review on grounds 2 to 4 dismissed
  • Claim for judicial review on the grounds of unlawful detention dismissed