Lemtelsi, R (on the application of) v Secretary of State for the Home Department

Judgment

His Honour Judge Heaton QC:

This is a challenge by way of Judicial Review to a decision of the Defendant (“ the SSHD ”), that the Claimant Abdul-liah Lemtelsi be detained under powers contained within immigration legislation after the custodial part of a term of imprisonment imposed upon him had expired on the 15 th September 2012. That detention continued until 7 th January 2014 when he was granted bail. The Claimant seeks relief including damages.

The salient background

The Claimant entered the UK on the 22 nd August 2010 hidden aboard a lorry. He had a paid a significant sum to be brought into the UK. When discovered by immigration officials he claimed asylum. The Claimant said (untruthfully he now says) that he was from Iraq. His claim was rejected by the SSHD on the 13 th September 2010, and on appeal to the Tribunal on the 3 rd November 2010. The tribunal said inter alia that his account was a fabrication designed to gain entry to the UK. He became appeal rights exhausted on the 16 th November 2010.

The Claimant came to the attention of the police in connection with a series of criminal offences committed by him:

On the 10 th October 2010 he was cautioned for affray and dispersed to Swansea.

On the 9 th May 2011 he was sentenced to 13 weeks imprisonment for theft from a dwelling.

Having been released from immigration detention in March 2011 he was, a matter of a few days later, arrested for robbery. The circumstances of the robbery were that the Claimant attempted to rob a person of their mobile phone and then punched them in the face. On the 20 th September 2011 the Claimant was sentenced to 30 months immediate imprisonment for that robbery and recommended for deportation.

In addition it is said that the Claimant failed to report following dispersal on the 6 th and 13 th December 2010 and the 10 th January 2011. The Claimant denies those alleged failures.

On the 23 rd October 2011 following his conviction and imprisonment the Claimant was notified of his liability to deportation.

On the 19 th December 2011 while still in prison the Claimant disclosed (he says now truthfully) that he was not an Iraqi but from Morocco. He was told by the officer that he must prove this by getting hold of documentation from his family or friends which it is recorded he agreed to do. The SSHD says that there is no evidence that the Claimant has ever taken such steps.

On the 22 nd December 2011 an officer obtained information for a Moroccan Emergency