AM, R (on the application of) v Secretary of State for the Home Department

Ms Kralj's reports constituted independent evidence of torture, and there were no very exceptional circumstances justifying continued detention; the Secretary of State breached policy and is liable for false imprisonment from 24 October 2008.

Parties: Appellant/claimant: AM; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 26 April 2012
Procedural Posture: Judicial Review / Appeal
Outcome: Appeal allowed; Secretary of State found liable for false imprisonment.
Legal Topics: Detention of Immigrants, False Imprisonment, Application of Policy Guidance, Independent Evidence of Torture

Immigration Public Law Tort Detention of Immigrants False Imprisonment Application of Policy Guidance Independent Evidence of Torture

Case Brief

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Parties

Appellant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Appeal

Legal Issues

1 Whether Ms Kralj's reports constituted independent evidence of torture under the Secretary of State's policy guidance
2 Whether there were very exceptional circumstances justifying continued detention despite independent evidence of torture

Ratio Decidendi

Court Disposition

Appeal allowed; Secretary of State found liable for false imprisonment.

Orders

Liability for false imprisonment commences from 24 October 2008.
Parties have liberty to restore the matter before a master of the Queen’s Bench Division to resolve damages.