SK (Zimbabwe) v Secretary of State for the Home Department

SK (Zimbabwe) v Secretary of State for the Home Department

Failure to comply with the Detention Centre Rules 2001 and the Operations Enforcement Manual does not, in itself, render detention under paragraph 2(2) of Schedule 3 to the Immigration Act 1971 unlawful, provided the Hardial Singh principles are satisfied and the detention is not arbitrary. The statutory power to detain is not expressly conditioned on compliance with these subordinate instruments, and judicial review provides adequate protection against arbitrariness.

Parties
Claimant/respondent: SK (Zimbabwe); Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
06 November 2008
Procedural Posture
Civil Appeal (immigration/detention) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Lawfulness of Immigration Detention, Judicial Review, Compliance With Detention Centre Rules, Article 5 ECHR, Hardial Singh Principles
Immigration Law Administrative Law Human Rights Law Lawfulness of Immigration Detention Judicial Review Compliance With Detention Centre Rules Article 5 ECHR Hardial Singh Principles

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)

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Civil Appeal (immigration/detention) / Appeal From Administrative Court to Court of Appeal

Legal Issues

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

Ratio Decidendi

Failure to comply with the Detention Centre Rules 2001 and the Operations Enforcement Manual does not, in itself, render detention under paragraph 2(2) of Schedule 3 to the Immigration Act 1971 unlawful, provided the Hardial Singh principles are satisfied and the detention is not arbitrary. The statutory power to detain is not expressly conditioned on compliance with these subordinate instruments, and judicial review provides adequate protection against arbitrariness.

Court Disposition

Appeal allowed

Orders

  • Declaration that the claimant's detention was not unlawful solely by reason of failures to comply with the Detention Centre Rules 2001 or the Operations Enforcement Manual.
  • New issues raised by the claimant regarding subsequent periods of detention to be remitted to the High Court for determination.