Source: All England Reporter
Publisher Citation: [2008] All ER (D) 247 (Dec)
Neutral Citation: [2008] EWHC 3166 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Davis J
Representation Raza Husain and Laura Dubinsky (instructed by Birnberg Peirce & Partners) for Abdi, the claimant in the first case.
  Shivani Jegarajah (instructed by Dare Emmanuel) for Ashori, the claimant in the second case.
  Ian Macdonald QC and Nabila Mallick (instructed by Duncan Lewis & Co) for Madani, the claimant in the third case.
  Ian Macdonald QC and Andi Pretzell (instructed by Lawrence Lupin) for Mighty, the claimant in the fourth case.
  Raza Husain and Alex Goodman (instructed by Fisher Meredith LLP) for Lumba, the claimant in the fifth case.
  Robin Tam QC, Charles Bourne and Jeremy Johnson (instructed by the Treasury Solicitor) for the Secretary of State in all five cases.
Judgment Dates: 19 December 2008

Catchwords

Immigration - Detention - Foreign national prisoners (FNPs) - Claimants detained pursuant to government policy relating to detention of FNPs where deportation from United Kingdom pending - Government introducing new policy - Whether new policy lawful - Whether claimants' detention lawful - Whether damages available should detention be found unlawful -  3, para 2.

The Case

Immigration Detention. Queen's Bench Division, Administrative Court: The court held, in five cases which were taken together as lead cases, that a policy relating to the detention of 'foreign national prisoners' (FNPs) whose deportation from the United Kingdom was pending, was unlawful from the moment that the policy had been introduced (in April 2006), and remained unlawful notwithstanding the Secretary of State's alteration of it on 9 September 2008. The claimants, in the instant case, were FNPs, and although were adjudged to have had no entitlement to damages for their claims of 'unlawful detention', the court reached the view that declaratory relief should be granted as a remedy to the claimants to reflect the fact that the new policy had been found to be unlawful.

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