Antonio, R (On the Application Of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- HIS HONOUR JUDGE BIDDER QC
Areas of Law
- Administrative Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involved a judicial review of the Claimant's detention and a second deportation order. The Claimant alleged unlawful detention from September 2010 to November 2013 and false imprisonment. Initially, deported to Portugal, the Claimant was denied entry and returned to the UK. The court held that the second deportation order issued on July 9, 2013, was unlawful and that the Claimant's detention from 18th October 2010 to 13th November 2013 was unlawful. The Claimant was found to have been falsely imprisoned and detained in breach of Article 5 ECHR rights.
Judgment
His Honour Judge Bidder QC :
This is an application for judicial review in which the Claimant claims a declaration that the Defendant was not entitled to make a second deportation order of the 9 th July 2013 following the revocation of an earlier order, an order quashing that second deportation order and damages and/or compensation for false imprisonment alternatively for a violation of his article 5 rights in respect of his detention in whole or in part from September 2010 to November 2013. When the claim was issued the Claimant was detained but he was released on bail by an Immigration Judge on 13 th November 2013 so that he no longer claims a mandatory order directing his release from administrative detention.
In summary, the Claimant had been subject to a decision to make a deportation order (a decision made on 11 th September 2008). A deportation order was made on 21 st October 2008 under section 5 (1) of the Immigration Act 1971 on the basis that his presence in the UK was not conducive to the public good. That first deportation order was made under the EEA regulations, it being then believed by the Defendant that the Claimant was Portuguese. However, on the 28 th September 2010 when he was deported under the first order the Portuguese authorities at Lisbon Airport refused him entry as they did not believe he was a Portuguese national. He was returned to the UK.
The first deportation order was revoked under section 5(2) of the 1971 Act on the 18 th October 2010.
Investigations were then begun by the Defendant, who now believes that the Claimant is Jamaican. The Defendant contends that the Claimant has been deliberately deceitful about his nationality in order to evade deportation.
A second deportation order, this time under the automatic deportation provisions of the United Kingdom Borders Act 2007, was made on the 8 th July 2013. An appeal has been lodged against that second deportation order which appeal has been stayed pending these judicial review proceedings.
The day before the first day of the hearing before me the Claimant served on the Defendant a letter seeking particulars of the powers under which the Defendant sought to detain him. As the basis for seeking those particulars underpins the Claimant’s arguments as to the illegality of his detention, I should first set out that primary case.
The argument stems first from the famous dissenting judgment of Lord Atkin in Liversidge v Anderson . A request for particulars was made