SB (Ghana), R (On the Application Of) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) (20 March 2020)

SB (Ghana), R (On the Application Of) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) (20 March 2020)

The Claimant's detention became unlawful from 1 May 2019 because, following the lodging of his appeal and the reversal of the trafficking decision, it was apparent there was no real prospect of removal within a reasonable period. The Secretary of State failed to reassess the justification for detention in light of the likely timescale for appeal and the Claimant's status as an Adult at Risk. A two-week grace period was allowed for arranging accommodation, after which detention was unlawful.

Citation
[2020] EWHC 668 (Admin)
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 on Lawfulness of Detention
Outcome
Claim succeeds in part; declaration of unlawful detention for specified period; damages to be assessed.
Legal Topics
Unlawful Detention, Deportation, Hardial Singh Principles, Adults at Risk Policy, Judicial Review, Damages for Unlawful Detention
Immigration Law Public Law Human Rights Unlawful Detention Deportation Hardial Singh Principles Adults at Risk Policy Judicial Review +1 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 on Lawfulness of Detention

Legal Issues

  1. 1 Whether the Claimant's detention by the Secretary of State was unlawful under the Hardial Singh principles
  2. 2 Whether the Adults at Risk policy was properly applied
  3. 3 Whether the Claimant is entitled to damages for unlawful detention

Ratio Decidendi

The Claimant's detention became unlawful from 1 May 2019 because, following the lodging of his appeal and the reversal of the trafficking decision, it was apparent there was no real prospect of removal within a reasonable period. The Secretary of State failed to reassess the justification for detention in light of the likely timescale for appeal and the Claimant's status as an Adult at Risk. A two-week grace period was allowed for arranging accommodation, after which detention was unlawful.

Court Disposition

Claim succeeds in part; declaration of unlawful detention for specified period; damages to be assessed.

Orders

  • Declaration that detention was unlawful from 1 May 2019 to 17 June 2019 inclusive.
  • Claimant entitled to damages for unlawful detention for that period.