Lauzikas, R (on the application of) v Secretary of State for the Home Department [2019] EWCA Civ 1168 (09 July 2019)

Lauzikas, R (on the application of) v Secretary of State for the Home Department [2019] EWCA Civ 1168 (09 July 2019)

Detention of the appellant on the first day was lawful as it was sufficiently individualised and proportionate, but continued detention without obtaining further individualised information within a reasonable time was unlawful. However, only nominal damages are recoverable for that period as the claimant would have...

Source-derived case information.

Citation
[2019] EWCA Civ 1168
Parties
Appellant/respondent: Jonas Lauzikas; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 July 2019
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Cross Appeals From High Court
Outcome
Appeals allowed in part; declarations and damages varied as set out in the judgment.
Legal Topics
Unlawful Detention, EEA Nationals, Deportation, Damages for Unlawful Detention, Proportionality, Hardial Singh Principles
Immigration Law European Union Law Public Law Unlawful Detention EEA Nationals Deportation Damages for Unlawful Detention Proportionality +1 more

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Summary, issues, holding and outcome

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Parties

Jonas Lauzikas

Appellant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the administrative detention of an EEA national pending deportation was lawful under the Citizens Directive and the 2006 Regulations
  2. 2 Whether the Secretary of State acted with sufficient urgency in gathering individualised information to justify detention
  3. 3 Whether damages for unlawful detention should be nominal or compensatory for different periods of detention

Ratio Decidendi

Detention of the appellant on the first day was lawful as it was sufficiently individualised and proportionate, but continued detention without obtaining further individualised information within a reasonable time was unlawful. However, only nominal damages are recoverable for that period as the claimant would have been detained lawfully if the Secretary of State had acted properly. Detention after removal directions were cancelled was unlawful as there was no reasonable prospect of deportation within a reasonable time, entitling the claimant to compensatory damages for that period.

Court Disposition

Appeals allowed in part; declarations and damages varied as set out in the judgment.

Orders

  • Declaration varied to award nominal damages for detention from 28 January to 25 February 2015.
  • Declaration that detention from 12 March to 29 April 2015 was unlawful and claimant entitled to compensatory damages for that period.