Abdi v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE WARBY
Areas of Law
- Immigration Law
- Administrative Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This judicial review examines the legality of the Claimant’s immigration detention from April 2, 2008, to January 24, 2013. The Claimant, a Somali national, had been detained pending deportation due to a high risk of absconding and reoffending. The court found that the detention was initially lawful, but became unlawful on April 6, 2012, as the likelihood of deportation within a reasonable period diminished. The court held the Claimant is entitled to nominal damages for an earlier period of unlawful blanket policy detention, supporting established principles that detention must be reasonable in duration and purposeful towards deportation.
Judgment
The Deputy Judge:
Introduction
The Claimant, Mr Ali Mahamed Abdi, is a Somali national. On 22 November 2011, he was detained at port on entering the UK under powers contained in paragraph 16(2) to Schedule 2 of the Immigration Act 1971 (“ the 1971 Act ”). As a result of the Claimant’s earlier conviction in the UK, he was subject to the automatic deportation provisions under the UK Borders Act 2007 (“ the 2007 Act ”). From 19 January 2012 until his release on bail on 24 September 2012, the Claimant was detained pursuant to powers in s.36(1) of the 2007 Act . The Claimant was so detained in order to determine whether he should be deported under the 2007 Act or that he could not because one of the exceptions in s.33 applied such that he could not be deported.
In this claim he seeks a declaration and damages in the tort of false imprisonment and for breach of Article 5 of the European Convention of Human Rights (“ECHR”) on the basis that he was unlawfully detained by the Defendant for some or all of the period following his detention on 22 November 2011 until he was released on bail on 24 September 2012. On 12 December 2012, permission to bring these proceedings was granted by Walker J on the papers.
Factual Background
I draw together the factual background from the documents contained within the Claimant’s bundle of documents (“CB”) and Supplementary Bundle (“CSB”), the Defendant’s Supplementary Bundle (“DSB”), a helpful chronology prepared by Ms Harriet Short, who represented the Claimant, the skeleton arguments of both Ms Short and Ms Julie Anderson who represented the Defendant and a reply to that latter skeleton argument by Ms Short.
I set out the factual background: (1) between 2003 when the Claimant first arrived in the UK and 22 November 2011 when the Claimant returned to the UK and was detained; and (2) from 22 November 2011 until his release on bail on 24 September 2012.
(1) 2003 – 22 November 2011
The Claimant is a citizen of Somalia. It is not known when the Claimant first entered the UK as he did so clandestinely using a false passport. The Claimant says that he entered on 17 September 2003. In any event, on 19 September 2003 he claimed asylum. On 25 September 2003, the Claimant was served with papers notifying him of his liability to be removed as an illegal entrant. On 7 November 2003, his asylum application was refused and on 13 November 2003 a decision was made to remove him. The Claimant had a right of appeal against that de