Serrano, R (on the application of) v Secretary of State for Justice & Anor

Serrano, R (on the application of) v Secretary of State for Justice & Anor

The policy in PSI 52/2011, which presumes foreign prisoners notified of liability to deportation unsuitable for HDC unless there are exceptional circumstances, is not unlawfully discriminatory on grounds of nationality. The distinction is based on immigration status and the statutory purpose of HDC, not nationality....

Source-derived case information.

Parties
Claimant: Antonio Serrano; Defendant: Secretary of State for Justice; Defendant: Secretary of State for Home Department
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Discrimination, Home Detention Curfew, Deportation, European Union Law, Article 14 ECHR, Article 8 ECHR, Equality Act 2010
Public Law Immigration Law Human Rights Law Discrimination Home Detention Curfew Deportation European Union Law Article 14 ECHR +2 more

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Parties

Antonio Serrano

Claimant

Secretary of State for Justice

Defendant

Secretary of State for Home Department

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the policy in PSI 52/2011 regarding Home Detention Curfew for foreign prisoners awaiting deportation is unlawfully discriminatory on grounds of nationality under Article 14 ECHR, Article 24 of the Citizenship Directive, and section 13 of the Equality Act 2010.
  2. 2 Whether the claimant suffered unlawful delay in the deportation decision process.
  3. 3 Whether the proceedings are academic following the deportation decision.

Ratio Decidendi

The policy in PSI 52/2011, which presumes foreign prisoners notified of liability to deportation unsuitable for HDC unless there are exceptional circumstances, is not unlawfully discriminatory on grounds of nationality. The distinction is based on immigration status and the statutory purpose of HDC, not nationality. The policy is objectively justified and consistent with binding authority. The claim for judicial review is dismissed.

Court Disposition

Claim dismissed