N.S. v Secretary of State for the Home Department [2014] ScotCS CSIH_91 (06 November 2014)

N.S. v Secretary of State for the Home Department [2014] ScotCS CSIH_91 (06 November 2014)

The petitioner's detention from August 2008 to August 2009 was unlawful because, after the Jordanian authorities confirmed she was not a Jordanian national and removal to Palestine was not feasible, there was no realistic prospect of removal within a reasonable period. The continued detention breached the third Hardial Singh principle, entitling the petitioner to compensatory damages.

Citation
[2014] ScotCS CSIH_91
Parties
Petitioner and Respondent: N S; Respondent and Reclaimer: Secretary of State for the Home Department
Jurisdiction
Scotland
Judgment Date
06 November 2014
Procedural Posture
Petition for Judicial Review / Appeal (reclaiming Motion) Before the Inner House, Court of Session
Outcome
Reclaiming motion refused; decision of Lord Ordinary affirmed.
Legal Topics
Unlawful Detention, Deportation, False Imprisonment, Damages, Judicial Review, Hardial Singh Principles
Immigration Law Public Law Human Rights Law Tort/delict Unlawful Detention Deportation False Imprisonment Damages +2 more

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Parties

N S

Petitioner and Respondent

Secretary of State for the Home Department

Respondent and Reclaimer

Procedural Posture

Petition for Judicial Review / Appeal (reclaiming Motion) Before the Inner House, Court of Session

Legal Issues

  1. 1 Whether the petitioner's detention from August 2008 to August 2009 was unlawful under the Hardial Singh principles
  2. 2 Whether compensatory damages are payable for wrongful imprisonment in breach of those principles
  3. 3 Whether subsequent evidence (post-detention) can justify the lawfulness of detention

Ratio Decidendi

The petitioner's detention from August 2008 to August 2009 was unlawful because, after the Jordanian authorities confirmed she was not a Jordanian national and removal to Palestine was not feasible, there was no realistic prospect of removal within a reasonable period. The continued detention breached the third Hardial Singh principle, entitling the petitioner to compensatory damages.

Court Disposition

Reclaiming motion refused; decision of Lord Ordinary affirmed.

Orders

  • Petitioner awarded compensatory damages of £36,000 inclusive of interest for unlawful detention from August 2008 to August 2009.