AS, R (on the Application of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- HIS HONOUR JUDGE KEYSER QC
Areas of Law
- Criminal Law and Procedure
- Immigration Law
- Administrative Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case centered around the lawfulness of the claimant's detention by the UK Border Agency. The claimant argued that his detention beyond 24 November 2010 was unlawful, citing the Hardial Singh principles and failures in detention review policies. The court found detention between 2 December and 7 December 2010 unlawful due to policy non-compliance, awarding nominal damages, but dismissed claims related to continued detention after 24 November 2010.
Judgment
HHJ Keyser QC:
The claimant challenges the lawfulness of his detention by the defendant between 24 November 2010 and 13 December 2010; he claims a declaration that the detention was unlawful and damages for false imprisonment and breach of his rights under article 5 of the European Convention on Human Rights. The claim is brought pursuant to permission granted by Alexandra Marks sitting as a deputy High Court Judge on 19 March 2014.
The facts
The claimant is a national of Afghanistan. He entered the UK in November 2009 and sought asylum, claiming that his date of birth was 14 April 1995 and that accordingly he was a child aged 14 years. The defendant did not accept that that was his true age. On 7 December 2009 the London Borough of Ealing (“Ealing”) produced an age assessment, compliant with the guidelines established in B v London Borough of Merton [2003] EWHC 1689 (Admin) , which concluded that the claimant’s date of birth was 25 April 1992. On 26 January 2010 the defendant refused the asylum claim. The claimant appealed that decision to the First-tier Tribunal, which dismissed the appeal on 12 May 2010.
On 23 June 2010 UK Border Agency (“UKBA”) notified the claimant that he was required to start reporting to the Home Office. On 28 June 2010 the solicitors who were acting for the claimant in respect of his community care issues and the ongoing dispute regarding his age wrote to UKBA in respect of the reporting requirement:
“[F]urther to an independent social worker concluding that our client is the age he says he is, Ealing Local Authority have agreed to reassess our client and this assessment should take place imminently. …
Given that our client’s age is still in dispute, we would ask that he continue to be treated as a minor for the purpose of immigration control and that he not be required to report pending the conclusion of the Local Authority age reassessment.”
UKBA did not reply to that letter. The claimant failed to report on the first two dates fixed for him to do so. On 20 July 2010 UKBA sent to the claimant a formal notice, notifying him that his failure to report as required might jeopardise his temporary admission/release as an alternative to detention and his entitlement to asylum support and rendered him liable to prosecution. The notice concluded: “You must report as required to your next scheduled reporting event on 2 August 2010. Should you have difficulty in being able to meet this or any future appointment, you sh