BCZ v Secretary of State for the Home Department & Ors
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE GREEN
Areas of Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
In this case, BCZ, a Chinese national detained pending deportation, challenged the lawfulness of his detention and its duration due to his medical condition. After extensive reviews, Mr Justice Green held the detention lawful and reasonable, emphasizing the balance between immigration policy, the detainee's health, and public protection. The application for judicial review was thus denied.
Judgment
Mr Justice Green :
A. Introduction
There is before the Court a renewed application for permission to apply for judicial review and application for interim relief. An Anonymity Order has been made in favour of the Claimant who is referred to in this judgment as either “the Claimant” or “BCZ”. Because of a concern about his capacity he is a protected party and is represented in this litigation by the Official Solicitor. Ms Nicola Braganza appeared at the hearing on his behalf. Ms Julie Anderson appeared for the Defendant, the Secretary of State for the Home Department (“SSHD”).
This case concerns the position of a person in detention facing deportation who refuses food and fluid with a view to pressurising the SSHD into giving him leave to remain but who, in consequence, is at risk of suffering a serious neurological condition. Cases such as these highlight acute conflicting public interest considerations. On the one hand the State has in place an immigration policy which it seeks, and is entitled, to enforce vigourously and which includes detention pending removal as an important protective component. On the other hand detention is an acute deprivation of a person’s civil liberties and, ordinarily, should be used only exceptionally where other courses short of detention are unavailable. Whilst in detention the State must take proper care of detainees and permit them to have access to a Court or Tribunal to test the legality of their detention and their Deportation Order. But, at the same time, it must do what it can to progress the removal process. These cases, therefore, raise complex and sensitive issues.
B. Procedure
In the present case an application was made for permission to apply for judicial review on 1 st August 2014. This, in substance, alleged that the continued “ongoing” detention of the Claimant was unreasonable. In essence what was challenged was a continuing breach which was said to be unlawful because the stage had been reached when removal was neither imminent nor was there any prospect of removal within a reasonable time. The grounds were framed under both domestic law and the European Convention on Human Rights (“ECHR”). It was accompanied with a request for urgent consideration. On the same day Cranston J. directed anonymity and abridged time for service of an Acknowledgement of Service (“AOS”) to 14 days. In the event the AOS was served on 15 th August 2014. Permission to apply for judicial review was refused on paper by