Salimi, R (on the application of) v Secretary of State for the Home Department & Anor (Rev 1) [2011] EWHC 1714 (Admin) (01 July 2011)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor (Rev 1) [2011] EWHC 1714 (Admin) (01 July 2011)

The contractors escorting the claimant were exercising functions under Part 8 of the Immigration and Asylum Act 1999 throughout the removal process, including while on the aircraft at Baghdad airport. Regulation 3(2) of the 2010 Regulations excludes such complaints from the IPCC's remit. The complaint must be directed to the Prisons and Probation Ombudsman.

Citation
[2011] EWHC 1714 (Admin)
Parties
Claimant: Alandi Salimi; First Defendant: Secretary of State for the Home Department; Second Defendant: The Independent Police Complaints Commission
Jurisdiction
England and Wales
Judgment Date
01 July 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Jurisdiction of IPCC, Immigration Removal, Complaints Against State Contractors, Interpretation of Immigration and Asylum Act 1999, Police Reform Act 2002, Police and Justice Act 2006
Administrative Law Immigration Law Public Law Jurisdiction of IPCC Immigration Removal Complaints Against State Contractors Interpretation of Immigration and Asylum Act 1999 Police Reform Act 2002 +1 more

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Parties

Alandi Salimi

Claimant

Secretary of State for the Home Department

First Defendant

The Independent Police Complaints Commission

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the IPCC has jurisdiction to investigate complaints against contractors escorting detainees during enforced removal from the UK under Part 8 of the Immigration and Asylum Act 1999
  2. 2 Whether the complaint falls within the remit of the Prisons and Probation Ombudsman instead of the IPCC

Ratio Decidendi

The contractors escorting the claimant were exercising functions under Part 8 of the Immigration and Asylum Act 1999 throughout the removal process, including while on the aircraft at Baghdad airport. Regulation 3(2) of the 2010 Regulations excludes such complaints from the IPCC's remit. The complaint must be directed to the Prisons and Probation Ombudsman.

Court Disposition

Claim dismissed