Palisetty v Secretary of State for the Home Department

Judgment

MRS JUSTICE SLADE:

The Claimant, Miss Swathi Palisetty, claims damages including loss consequential on her removal to India on 29 December 2011 for a period of detention at Heathrow airport on 28 and 29 December 2011 which she alleges to have been unlawful. The Claimant brought proceedings for judicial review to challenge these actions.

The Claimant, an Indian national, first entered the United Kingdom on 16 November 2009 pursuant to entry clearance as a student valid from 10 November 2011, in order to study at the University of Bedfordshire in Luton for an MSc in Computer Networking. The Claimant’s leave to remain as a Tier 4 (general) student studying the MSc course was extended on 10 October 2011 to 1 July 2012.

The events which gave rise to her detention at Heathrow and removal to India on 29 December 2011 occurred when she returned to the United Kingdom on 28 December 2011 from a holiday in India. Following questioning by immigration officers at the port of entry on 28 December 2011 the Claimant was served with a Notice of Refusal of Leave to Enter. The basis of the Refusal was stated to be as follows:

“The change in circumstances in your case is that you obtained leave to enter as a student but you are now seeking to enter and remain for the purpose [of] continuing your employment as a nanny. You began this employment after you had last attended your college, the University of Bedfordshire in April 2011. You have admitted that you are no longer registered at the university and have failed to pay the necessary fees there. You work full time for the Rashid family in Manchester and live in at the household. I therefore cancel your continuing leave. Furthermore, you are now seeking entry for the purpose continuing your employment as a nanny but you are a visa national and you have failed to produce a passport or other identity document endorsed with a valid and current UK entry clearance issued for the purpose for which entry is sought. I therefore refuse you leave to enter.”

The Claimant was detained overnight and put on a flight to India the following day.

On an application for urgent interim relief, on 13 March 2012 Eady J ordered that the Defendant Secretary of State take steps to facilitate entry clearance to the Claimant forthwith to enable her to take examinations at the University of Bedfordshire. The Claimant was then returned to England at public expense. Permission to apply for judicial review was granted on 2 April 2013 by I