Swaran v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE DINGEMANS
Areas of Law
- Administrative Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
This case involves Sazzad Shahriar Swaran seeking damages for wrongful detention by the Secretary of State for the Home Department. Swaran alleged unlawful detention from September 2011 to May 2012 after immigration inquiries based on his civil partner's allegations and withdrawal of sponsorship. The court allowed the claim for judicial review, stating that detention pending decision on cancelling leave under paragraph 16(1A) is lawful but must adhere to implied limitations. Detention from 26th September to 9th October 2011 was unlawful due to lack of action but warranted only nominal damages. Detention from 9th October 2011 to 14th May 2012 was lawful under established law principles.
Judgment As Approved by the Court
Mr Justice Dingemans :
Introduction
This is a claim for damages for false imprisonment made by the Claimant, Sazzad Shahriar Swaran against the Secretary of State for the Home Department. This case raises issues about the circumstances in which claims for damages should be bought in the Administrative Court, and a point about the proper interpretation of paragraph 16(1A) of Schedule 2 of the Immigration Act 1971 .
The Claimant claims that he was unlawfully detained in the period from 22 nd September 2011 until 14 th May 2012. The Defendant contends that the detention was lawful and that the Claimant was detained under statutory powers: to examine the circumstances in which he had obtained leave and to decide whether that previous leave should be cancelled; and pending the Claimant’s proposed return to Bangladesh.
Entry into the UK and the return to Bangladesh
The Claimant is a national of Bangladesh and was born on the 28 th July 1984. The Claimant had entered the United Kingdom as a Tier 4 student with a visa valid from 20 th July 2009 until the 20 th November 2011. The evidence showed that he studied at the London School of Science and Technology from 2009 until early 2010 and then began a course in Administration of Business Management at the Raya Academy in January 2011.
In about August 2010 the Claimant, who was a dancer, met a consultant eye surgeon. They formed a relationship and started to live together in about September 2010. They entered a civil partnership on the 29 th June 2011. Paperwork was completed to register the Claimant as the civil partner of the consultant surgeon and he was granted leave as a result of the civil partnership until 15 th July 2013. This new leave contained none of the usual limitations on leave granted to Tier 4 students.
In August 2011 the Claimant returned to Bangladesh after his sister had given birth and suffered complications. At some stage the Claimant’s civil partner had followed him to Bangladesh. In circumstances which appear to be controversial between the Claimant and his civil partner, the Claimant’s civil partner terminated the relationship between them and told the Claimant that he was withdrawing his sponsorship of the Claimant.
On the 6 th September 2011 the Claimant’s civil partner faxed the Home Office in Croydon about the Claimant. He said “ I am regretfully writing this note to withdraw my sponsorship as the civil partner of the above Bangladesh national. ”