Hammad Tazeem, R (on the application of) v Secretary of State for the Home Department

Detention was lawful pending examination, but became unlawful once the decision to cancel leave to enter was made, as that decision was procedurally unfair and unlawful. Continued detention after the examination could not be justified, and no period of grace applied as no release conditions were necessary.

Parties: Appellant/claimant: Hammad Tazeem; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 27 March 2025
Procedural Posture: Judicial Review / Appeal From High Court to Court of Appeal
Outcome: appeal allowed
Legal Topics: Unlawful Detention, Procedural Fairness, Damages for False Imprisonment

Immigration Administrative Law Tort Unlawful Detention Procedural Fairness Damages for False Imprisonment

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Parties

Hammad Tazeem

Appellant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

1 Was the appellant's detention at Heathrow airport unlawful due to procedural unfairness in cancelling leave to enter?
2 Does the lawfulness of detention depend on the legality of the decision to cancel leave to enter?
3 Is a 'period of grace' for release justified in this context?

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Declaration that appellant was unlawfully detained for between 11 and 12 hours on 10th September 2022.
Damages assessed at £4,500.