BID has been granted permission to intervene before the Court of Appeal in the case of David Francis (C4/2013/2215B)(on appeal from the High Court of Justice, His Honour Judge McKenna [2013] EWHC 2115 (Admin).
On 17 July 2013 the High Court found that although his continued detention had become unlawful and he had been unlawfully detained for 15 months, there could be no claim for damages as Mr Francis was detained under Schedule 2 para 2(1) Immigration Act 1971 (detention following a court recommendation for deportation). Mr Francis is appealing to the Court of Appeal and is represented by Leigh Day.
The case has serious implications for foreign nationals who have completed their criminal sentences but who remain in immigration detention following a court recommendation that they be deported. Some people may remain in immigration detention for periods of three to five years after completing relatively short criminal sentences of one year or less. The Secretary of State was successful in the High Court in arguing that these people cannot make a claim for false imprisonment, even where a court finds that a person has been unlawfully detained. It is a fundamental constitutional principle that legal wrongs require a remedy. The High Court ruling means that there is no sanction against the Secretary of State for unlawful detention of those recommended by the court for deportation.
Pierre Makhlouf, BID’s Assistant Director (Legal) said:
“Theresa May is arguing that the Government should not be penalised for unlawful behaviour on their part. It is an illogical, if not cruel approach to foreign nationals since it allows a culture of impunity and illegality to go unchallenged.”
“BID is intervening in this case to ensure that the Court of Appeal takes into account the position of the many immigration detainees who lack legal aid and legal representation, and who will suffer severe consequences if the original decision of the High Court is allowed to stand.
“This comes at a time when the Government is seeking to remove certain rights of appeal in family and long residence cases, having already removed entitlement to legal aid in these cases. Instead of access to justice, people with a strong case to remain in the UK will continue to be detained for unacceptably long periods when there is no prospect of their removal from the UK.”
BID are represented pro bono by Tim Buley of Landmark Chambers and Jane Ryan of Bhatt Murphy solicitors.
Jane Ryan, said:
“The High Court judgment severely curtails the ability of a significant class of detainee held under Immigration powers following a court recommendation for deportation to enforce their rights. In the current climate with the sustained attacks on public funding and immigration the work BID does to assist is even more important and needed than it has ever been.”
Contact:
Pierre Makhlouf at BID on 020 7650 0723 or Jane Ryan at Bhatt Murphy Solicitors on 020 7729 1115
