Salimi, R (on the application of) v Secretary of State for the Home Department & Anor

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor

The IPCC does not have jurisdiction to investigate complaints against escorts exercising functions conferred by or under Part 8 of the Immigration and Asylum Act 1999, as both the statute and regulations expressly exclude such jurisdiction. The powers and duties of escorts during removal are conferred by Part 8, not section 14, and detention powers continue throughout the removal process until its completion.

Parties
Appellant: Salimi; First Respondent: Secretary of State for the Home Department; Second Respondent: Independent Police Complaints Commission
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Judicial Review / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction of IPCC, Statutory Interpretation, Removal of Detainees, Detention Powers, Extraterritorial Application of Statutes
Public Law Immigration Law Administrative Law Jurisdiction of IPCC Statutory Interpretation Removal of Detainees Detention Powers Extraterritorial Application of Statutes

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Parties

Salimi

Appellant

Secretary of State for the Home Department

First Respondent

Independent Police Complaints Commission

Second Respondent

Procedural Posture

Judicial Review / Appeal From High Court Judgment

Legal Issues

  1. 1 Does the Independent Police Complaints Commission (IPCC) have jurisdiction to investigate complaints against escorts involved in the removal of failed asylum seekers under Part 8 of the Immigration and Asylum Act 1999?
  2. 2 What is the scope of detention powers during the removal process under UK immigration law?

Ratio Decidendi

The IPCC does not have jurisdiction to investigate complaints against escorts exercising functions conferred by or under Part 8 of the Immigration and Asylum Act 1999, as both the statute and regulations expressly exclude such jurisdiction. The powers and duties of escorts during removal are conferred by Part 8, not section 14, and detention powers continue throughout the removal process until its completion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.