Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors

Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors

The Secretary of State for Justice was not required to recall Mr Xu as the breaches relied on pre-dated the licence and his conduct during trial did not make recall necessary. The Claimants were not entitled to disclosure of licence conditions as they were not statutory or discretionary victims. The Secretary of State for the Home Department lawfully exercised her discretion to deport Mr Xu without further delay, balancing the public interest and the speculative risk to the Claimants. Any interference with the Claimants' ECHR rights was proportionate. The SSHD had no power to retain Mr Xu's passport to prevent voluntary departure. The proper forum for Article 6 issues was the civil...

Parties
Claimant: Corbiere Limited; Claimant: Trenchant Limited; Claimant: Trenchant Employee Services Limited; First Defendant: Secretary of State for Justice; Second Defendant: Secretary of State for the Home Department; Interested Party: Ke Xu
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Deportation of Foreign Criminals, Licence Recall, Disclosure of Licence Conditions, Serious Crime Prevention Orders, Article 1 Protocol 1 ECHR, Article 6 ECHR, Victim Rights
Public Law Immigration Law Criminal Law Human Rights Judicial Review Deportation of Foreign Criminals Licence Recall Disclosure of Licence Conditions +4 more

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Parties

Corbiere Limited

Claimant

Trenchant Limited

Claimant

Trenchant Employee Services Limited

Claimant

Secretary of State for Justice

First Defendant

Secretary of State for the Home Department

Second Defendant

Ke Xu

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Secretary of State for Justice acted unlawfully in not recalling Mr Xu to prison under his licence
  2. 2 Whether the Secretary of State for Justice was required to disclose licence conditions to the Claimants
  3. 3 Whether the Secretary of State for the Home Department acted unlawfully in making and seeking to enforce a deportation order against Mr Xu before expiry of his licence/civil proceedings

Ratio Decidendi

The Secretary of State for Justice was not required to recall Mr Xu as the breaches relied on pre-dated the licence and his conduct during trial did not make recall necessary. The Claimants were not entitled to disclosure of licence conditions as they were not statutory or discretionary victims. The Secretary of State for the Home Department lawfully exercised her discretion to deport Mr Xu without further delay, balancing the public interest and the speculative risk to the Claimants. Any interference with the Claimants' ECHR rights was proportionate. The SSHD had no power to retain Mr Xu's passport to prevent voluntary departure. The proper forum for Article 6 issues was the civil...

Court Disposition

Claim dismissed

Orders

  • Permission for judicial review granted on non-Article 6 grounds
  • All grounds of challenge dismissed