Khaleseh v The Home Office [2015] EWHC 2995 (QB) (23 October 2015)

Khaleseh v The Home Office [2015] EWHC 2995 (QB) (23 October 2015)

The Rule 35 report by Dr Tippu constituted independent evidence of torture. The Defendant's decision-maker failed to properly consider this evidence and instead relied on irrelevant credibility concerns and an incorrect definition of torture. The Defendant breached its own policy by not releasing the Claimant or...

Source-derived case information.

Citation
[2015] EWHC 2995
Parties
Claimant: Mohsen Khaleseh; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
23 October 2015
Procedural Posture
Claim for Damages for False Imprisonment / Trial of Liability Only
Outcome
Judgment for the Claimant on liability; detention found unlawful from 27 November 2013.
Legal Topics
False Imprisonment, Immigration Detention, Detention Centre Rules, Rule 35 Reports, Breach of Policy, Judicial Review
Public Law Immigration Law Tort Law False Imprisonment Immigration Detention Detention Centre Rules Rule 35 Reports Breach of Policy +1 more

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Summary, issues, holding and outcome

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Parties

Mohsen Khaleseh

Claimant

The Home Office

Defendant

Procedural Posture

Claim for Damages for False Imprisonment / Trial of Liability Only

Legal Issues

  1. 1 Whether the Claimant's detention from 27 November 2013 was unlawful due to breach of the Defendant's policy regarding detention of torture victims
  2. 2 Whether the Rule 35 report constituted independent evidence of torture
  3. 3 Whether the Defendant's decision to maintain detention was reasonable and lawful

Ratio Decidendi

The Rule 35 report by Dr Tippu constituted independent evidence of torture. The Defendant's decision-maker failed to properly consider this evidence and instead relied on irrelevant credibility concerns and an incorrect definition of torture. The Defendant breached its own policy by not releasing the Claimant or identifying very exceptional circumstances for continued detention. This breach rendered the detention unlawful from 27 November 2013.

Court Disposition

Judgment for the Claimant on liability; detention found unlawful from 27 November 2013.

Orders

  • Judgment for the Claimant on the issue of liability
  • Quantum to be determined at a later hearing if necessary