Omoregbee, R. On the application of v Secretary of State for Justice

Omoregbee, R. On the application of v Secretary of State for Justice

The policy in paragraph 14 of PSO 4630 is lawful and rational; it does not unlawfully remove discretion or individual consideration, nor does it unlawfully discriminate against foreign national prisoners. The Secretary of State's directions are within the scope of Rule 7(1), and the emphasis on protecting the public and preventing frustration of deportation is legitimate and does not override the requirement for individual assessment.

Parties
Applicant: Omoregbee; Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
13 April 2011
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Prisoner Classification, Foreign National Prisoners, Deportation, Judicial Review, Prison Rules
Administrative Law Prison Law Prisoner Classification Foreign National Prisoners Deportation Judicial Review Prison Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Omoregbee

Applicant

Secretary of State for Justice

Respondent

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether paragraph 14 of PSO 4630 concerning re-categorisation of foreign national prisoners liable to deportation is unlawful or irrational under Prison Rule 7(1)
  2. 2 Whether the policy unlawfully removes discretion or individual consideration in re-categorisation decisions
  3. 3 Whether the policy unlawfully discriminates against foreign national prisoners

Ratio Decidendi

The policy in paragraph 14 of PSO 4630 is lawful and rational; it does not unlawfully remove discretion or individual consideration, nor does it unlawfully discriminate against foreign national prisoners. The Secretary of State's directions are within the scope of Rule 7(1), and the emphasis on protecting the public and preventing frustration of deportation is legitimate and does not override the requirement for individual assessment.

Court Disposition

Appeal dismissed

Orders

  • Application dismissed on first ground of appeal