B A, R (on the application of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- His Honour Judge McKenna
Areas of Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Claimant, an Eritrean national, sought judicial review of the Secretary of State for the Home Department’s decision to refuse her asylum claim and remove her to Italy. She arrived in the UK on October 17, 2013, was detained, and Italy accepted responsibility for her asylum claim. The Claimant challenged her removal on grounds of medical unfitness, risk of inhumane treatment in Italy, and unlawful detention. The court held that the Claimant’s detention between October 23, 2013, and January 17, 2014, was unlawful and she is entitled to damages for false imprisonment.
Judgment
HHJ McKenna :
Introduction
In this claim the Claimant B A, an Eritrean national, born on 19 th July 1983 originally sought judicial review of the Defendant Secretary of State for the Home Department’s decision dated 8 th November 2013 (page 161 and following) to refuse and to certify the Claimant’s asylum claim on third country grounds and to remove her to Italy.
Background
The Claimant arrived in the United Kingdom on 17 th October 2013 and was detained. Enquiries revealed that the Claimant had previously been fingerprinted in Italy on 6 th September 2013 so that under 343/2003 Dublin 2, the Italian authorities were responsible for the Claimant’s asylum claim.
On 7 th November 2013 Italy accepted responsibility for the consideration of the Claimant’s asylum claim under Dublin 2 and on 8 th November 2013 the Defendant refused and certified the Claimant’s asylum claim and on 15 th November 2013 removal directions were set for 25 th November 2013 (page 167) which were subsequently cancelled under cover of a letter dated 21 st November 2013 (page 149) on the grounds that the Claimant was unfit to fly.
On 22 nd November 2013 this claim for judicial review was filed in which the Claimant sought to challenge the Defendant’s decision to certify her asylum claim and the subsequent directions set for her removal on the grounds that (i) she was medically unfit to fly; (ii) if removed to Italy she would face a real risk of treatment contrary to Article 3; and (iii) her detention was unlawful.
On 9 th December 2013 the Defendant refused the Claimant’s request for temporary release (page 64) in these terms:
“ Your client’s claim to be a victim of torture had been addressed on 23/10/2013 and we do not believe your client’s claims.
Your client has demonstrated a blatant disregard for the immigration laws of the United Kingdom. She was encountered exiting a lorry that had just arrived in the UK. Therefore attempting to enter the UK by clandestine means.
Your client has no proven close ties in the UK therefore we can not be sure that she will remain in one place or she will surrender to custody to implement her removal.
Your client has not produced satisfactory evidence of any lawful basis to remain in the United Kingdom.
There are no other proven compelling or mitigating factors to consider her release.
Your client’s detention will, however, be reviewed at regular intervals and should your client’s detention be no longer considered appropriate relea