Source: All England Reporter
Publisher Citation: [2012] All ER (D) 149 (Jun)
Neutral Citation: [2012] EWCA Civ 842
Court: Court of Appeal, Civil Division
Judge:

Pill, Sullivan and Kitchin LJJ
Representation Manjit Gill QC and Gordon Lee (instructed by Sutovic & Hartigan Solicitors) for the claimant.
  Jeremy Johnson QC (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 June 2012

Catchwords

Immigration - Asylum seeker - Deportation - Claimant refugee being detained pending deportation - Order under which detention made subsequently held ultra vires - Claimant obtaining declaration of unlawful detention - Secretary of State appealing - Whether detention unlawful - Whether distinction between decision to make deportation order/making of deportation order and decision to detain - , - (Specification of Particularly Serious Crimes) Order 2004, .

The Case

Immigration Asylum seeker. The Court of Appeal, Civil Division, in allowing in part the Secretary of State's appeal against a declaration of unlawful detention, held that where a person subject to a deportation order had not been removed from the UK, a subsequent decision by the Court of Appeal or the Supreme Court in unrelated proceedings which made clear that the tribunal's decision to dismiss his appeal against the decision to make the order had been made on a flawed legal basis, would be a proper ground for an application to the Secretary of State to revoke the order, and for appealing against a decision to refuse to revoke the order, but it would not invalidate either the tribunal's decision finally determining the appeal, or the deportation order made in reliance upon that final determination.

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