Source: All England Reporter
Publisher Citation: [2018] All ER (D) 52 (Feb)
Neutral Citation: [2018] UKSC 5
Court: Supreme Court

Lady Hale P, Lord Mance DP, Lord Hughes, Lord Hodge and Lord Lloyd-Jones SCJJ

Representation Stephanie Harrison QC and Anthony Vaughan (instructed by Birnberg Pierce) for B.
  Robin Tam QC and Belinda McRae (instructed by the Government Legal Department) for the Secretary of State.
  Michael Fordham QC and Laura Dubinsky (instructed by Allen & Overy LLP) for Bail for Immigration Detainees, as intervener.
Judgment Dates: 8 February 2018


Immigration - Deportation - Bail

The Case

Immigration Deportation. Where there was no lawful basis for the detention of an individual pending deportation, there was no power to grant bail and impose bail conditions in respect of that individual under paras 22 or 29 of Sch2 to the . The Supreme Court so ruled in dismissing the Secretary of State's appeal against the decision of the Court of Appeal, Civil Division, that the Special Immigration Appeals Commission had had no jurisdiction to impose bail conditions on the respondent if his detention had been unlawful.

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