SB (Ghana), R (On the Application Of) v Secretary of State for the Home Department & Anor

SB (Ghana), R (On the Application Of) v Secretary of State for the Home Department & Anor

Detention of the Claimant became unlawful from 1 May 2019 because, following the lodging of his appeal against the refusal of his asylum claim, there was no longer a reasonable prospect of removal within a reasonable time, and the Secretary of State failed to justify continued detention under the Hardial Singh principles or the Adults at Risk Policy. A grace period of 14 days was allowed for arranging release, after which detention was unlawful until actual release on 17 June 2019.

Parties
Claimant: SB (Ghana); First Defendant: Secretary of State for the Home Department; Second Defendant: Her Majesty’s Prison and Probation Service
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part
Legal Topics
Unlawful Detention, Deportation, Judicial Review, Damages, Adults at Risk Policy, Modern Slavery, Asylum, Bail
Immigration Law Public Law Human Rights Law Unlawful Detention Deportation Judicial Review Damages Adults at Risk Policy +3 more

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Parties

SB (Ghana)

Claimant

Secretary of State for the Home Department

First Defendant

Her Majesty’s Prison and Probation Service

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Claimant's immigration detention was unlawful under the Hardial Singh principles
  2. 2 Whether the Secretary of State complied with the Adults at Risk in Immigration Detention Policy
  3. 3 Whether delays in decision-making rendered detention unlawful

Ratio Decidendi

Detention of the Claimant became unlawful from 1 May 2019 because, following the lodging of his appeal against the refusal of his asylum claim, there was no longer a reasonable prospect of removal within a reasonable time, and the Secretary of State failed to justify continued detention under the Hardial Singh principles or the Adults at Risk Policy. A grace period of 14 days was allowed for arranging release, after which detention was unlawful until actual release on 17 June 2019.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the First Defendant’s detention of the Claimant was unlawful from 1 May 2019 until 17 June 2019 inclusive.
  • Claimant entitled to damages for the period of unlawful detention.