Tazeem, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 347 (27 March 2025)

Tazeem, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 347 (27 March 2025)

Detention pending examination was lawful until the decision to cancel leave to enter was made; thereafter, continued detention was unlawful as the statutory purpose ended and no lawful justification existed. The 'period of grace' principle does not apply where no practical arrangements for release are required and the underlying decision is a nullity.

Citation
[2025] EWCA Civ 347
Parties
Appellant/claimant: Hammad Tazeem; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
27 March 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; declaration of unlawful detention for 11-12 hours; damages awarded.
Legal Topics
Unlawful Detention, Procedural Fairness, Damages for False Imprisonment
Immigration Administrative Law Human Rights Unlawful Detention Procedural Fairness Damages for False Imprisonment

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Parties

Hammad Tazeem

Appellant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant's detention at Heathrow airport was unlawful following the procedurally unfair cancellation of his leave to enter
  2. 2 Whether a 'period of grace' for release arrangements applies after unlawful detention
  3. 3 Assessment of damages for unlawful detention

Ratio Decidendi

Detention pending examination was lawful until the decision to cancel leave to enter was made; thereafter, continued detention was unlawful as the statutory purpose ended and no lawful justification existed. The 'period of grace' principle does not apply where no practical arrangements for release are required and the underlying decision is a nullity.

Court Disposition

Appeal allowed; declaration of unlawful detention for 11-12 hours; damages awarded.

Orders

  • Declaration that appellant was unlawfully detained for 11-12 hours on 10 September 2022
  • Damages assessed at £4,500