Secretary of State for the Home Department v Almas [2025] EWHC 212 (KB) (04 February 2025)

Secretary of State for the Home Department v Almas [2025] EWHC 212 (KB) (04 February 2025)

The appeal is dismissed. The Recorder's findings that the claimant's detention was unlawful due to serious and multiple breaches of Home Office policy—including failure to consider alternatives to detention, inadequate and unexplained risk assessment, lack of proper authorisation, and deficient record-keeping—are upheld. The presumption in favour of liberty was not displaced. The Home Office failed to discharge the burden of proof that detention was lawful or that the claimant would have been detained in any event had policy been followed. The Recorder's award of damages, including aggravated damages, was justified on the evidence.

Citation
[2025] EWHC 212 (KB)
Parties
Appellant/defendant: The Secretary of State for the Home Department; Respondent/claimant: Nadra Tabasam Almas
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Appeal (high Court, King's Bench Division) / Judgment on Appeal From Recorder's Decision
Outcome
Appeal dismissed; Recorder's decision affirmed.
Legal Topics
Unlawful Detention, False Imprisonment, Article 8 ECHR, Damages, Home Office Policy Breach, Judicial Review, Procedural Fairness
Public Law Immigration Law Human Rights Law Tort Law Unlawful Detention False Imprisonment Article 8 ECHR Damages +3 more

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Parties

The Secretary of State for the Home Department

Appellant/defendant

Nadra Tabasam Almas

Respondent/claimant

Procedural Posture

Appeal (high Court, King's Bench Division) / Judgment on Appeal From Recorder's Decision

Legal Issues

  1. 1 Whether the claimant's detention was unlawful due to breaches of Home Office policy and failure to consider alternatives to detention
  2. 2 Whether the claimant's Article 8 ECHR rights were breached by prolonged restrictive conditions and delay in asylum determination
  3. 3 Whether the Recorder erred in law in findings on liability, causation, and quantum of damages

Ratio Decidendi

The appeal is dismissed. The Recorder's findings that the claimant's detention was unlawful due to serious and multiple breaches of Home Office policy—including failure to consider alternatives to detention, inadequate and unexplained risk assessment, lack of proper authorisation, and deficient record-keeping—are upheld. The presumption in favour of liberty was not displaced. The Home Office failed to discharge the burden of proof that detention was lawful or that the claimant would have been detained in any event had policy been followed. The Recorder's award of damages, including aggravated damages, was justified on the evidence.

Court Disposition

Appeal dismissed; Recorder's decision affirmed.

Orders

  • Damages totalling £98,757.04 to claimant upheld
  • Indemnity costs to claimant upheld