AM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 521 (26 April 2012)

AM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 521 (26 April 2012)

Ms Kralj's reports constituted independent evidence of torture, and there were no very exceptional circumstances justifying continued detention; thus, the Secretary of State was in breach of policy and liable for false imprisonment from 24 October 2008.

Citation
[2012] EWCA Civ 521
Parties
Appellant / Claimant: R (on the application of AM); Respondent / Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; Secretary of State found liable for false imprisonment from 24 October 2008.
Legal Topics
Unlawful Detention, False Imprisonment, Asylum Policy, Independent Medical Evidence, Secretary of State's Policy Guidance
Immigration Law Public Law Tort Law Unlawful Detention False Imprisonment Asylum Policy Independent Medical Evidence Secretary of State's Policy Guidance

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Parties

R (on the application of AM)

Appellant / Claimant

Secretary of State for the Home Department

Respondent / Defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Ms Kralj's reports constituted independent evidence of torture under the Secretary of State's policy
  2. 2 Whether there were 'very exceptional circumstances' justifying continued detention despite such evidence
  3. 3 Whether the Secretary of State was liable for false imprisonment for breach of policy

Ratio Decidendi

Ms Kralj's reports constituted independent evidence of torture, and there were no very exceptional circumstances justifying continued detention; thus, the Secretary of State was in breach of policy and liable for false imprisonment from 24 October 2008.

Court Disposition

Appeal allowed; Secretary of State found liable for false imprisonment from 24 October 2008.

Orders

  • Declaration of liability for false imprisonment from 24 October 2008.
  • Liberty to apply to resolve damages before a master of the Queen's Bench Division.