Tarakhil v The Home Office

Tarakhil v The Home Office

The claimant's detention was unjustified and unlawful as it contravened several policies, removal was not imminent, and the reasoning for detention was fatally flawed, taking account of erroneous matters and failing to consider highly material facts, including his status as a prosecution witness and ongoing appeal rights. The entire period of 21 days' detention was unlawful, entitling the claimant to damages for false imprisonment, psychiatric injury, and aggravated damages.

Parties
Claimant: Zia Ul Haque Tarakhil; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
21 October 2015
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed. Judgment for the claimant.
Legal Topics
False Imprisonment, Unlawful Detention, Damages, Immigration Detention, Aggravated Damages
Tort Immigration Law Public Law False Imprisonment Unlawful Detention Damages Immigration Detention Aggravated Damages

Case Brief

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Parties

Zia Ul Haque Tarakhil

Claimant

The Home Office

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant's detention was unlawful and amounted to false imprisonment
  2. 2 Whether the claimant is entitled to damages for unlawful detention, psychiatric injury, and aggravated damages

Ratio Decidendi

The claimant's detention was unjustified and unlawful as it contravened several policies, removal was not imminent, and the reasoning for detention was fatally flawed, taking account of erroneous matters and failing to consider highly material facts, including his status as a prosecution witness and ongoing appeal rights. The entire period of 21 days' detention was unlawful, entitling the claimant to damages for false imprisonment, psychiatric injury, and aggravated damages.

Court Disposition

Claim allowed. Judgment for the claimant.

Orders

  • The claimant is awarded a total of £19,250 in damages, with a 10% uplift to be added for all heads of damage.