Source: All England Reporter
Publisher Citation: [2012] All ER (D) 55 (Apr)
Neutral Citation: [2012] EWCA Civ 422
Court: Court of Appeal, Civil Division
Judge:

Longmore, Kitchin LJJ and Sir Mark Waller
Representation Hugh Southey QC (instructed by Bhatt Murphy) for the claimant.
  Lisa Giovannetti QC (instructed by the Treasury Solicitor) for the Secretary of State.
  Jeremy Johnson QC (instructed by the Independent Police Complaints Commission Legal Department) for the IPCC.
Judgment Dates: 4 April 2012

Catchwords

Immigration - Deportation - Detention pending deportation - Claimant being detained and removed from country on charter flight - Claimant complaining to Independent Police Complaints Commission of conduct of escorts during removal - Independent Police Complaints Commission maintaining that it had no jurisdiction to investigate escorts - Judge finding powers and duties of escorts excluded from jurisdiction of Independent Police Complaints Commission - Whether judge erring - Immigration and Asylum Act 1991,, , , - Police and Justice Act 2006, ss 41(1)(c), 41(3).

The Case

Immigration Deportation. The Court of Appeal, Civil Division, upheld a decision that the Independent Police Complaints Commission had not had jurisdiction to investigate the conduct of escorts that had accompanied a failed asylum seeker on a charter flight in the course of his removal from the country.

Practice Areas

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