Salimi, R (on the application of) v Secretary of State for the Home Department & Anor (Rev 1)

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor (Rev 1)

The contractors escorting the claimant were exercising functions under Part 8 of the Immigration and Asylum Act 1999 throughout the removal process, including on the aircraft at Baghdad airport. Regulation 3(2) of the 2010 Regulations excludes such complaints from the IPCC's remit. Therefore, the IPCC does not have jurisdiction to investigate the complaint.

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 / Judgment
Outcome
Claim dismissed
Legal Topics
Jurisdiction of IPCC, Immigration Enforcement, Complaints Against Escorts, Statutory Interpretation
Administrative Law Immigration Law Jurisdiction of IPCC Immigration Enforcement Complaints Against Escorts Statutory Interpretation

Case Brief

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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 / Judgment

Legal Issues

  1. 1 Whether the IPCC has jurisdiction to investigate complaints against UKBA escorts for alleged assault during enforced removal from the UK
  2. 2 Whether the complaint falls within the remit of the Prisons and Probation Ombudsman instead of the IPCC
  3. 3 Interpretation of the relevant statutory and regulatory framework excluding IPCC jurisdiction

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 on the aircraft at Baghdad airport. Regulation 3(2) of the 2010 Regulations excludes such complaints from the IPCC's remit. Therefore, the IPCC does not have jurisdiction to investigate the complaint.

Court Disposition

Claim dismissed