Onos v The Secretary of State for the Home Department [2016] EWHC 59 (Admin) (26 February 2016)

In the High Court of Justice - Queen's Bench Division - Administrative Court

This is a challenge to two decisions;

i) to remove the Claimant and her three children to Nigeria under section 10 of the Immigration and Asylum Act 1999 ('the 1999 Act') and
ii) to detain the Claimant and her three children pending their removal.

The first decision is said to be unlawful because
i) the Claimant had an in-country right of appeal which was a barrier to removal,
ii) the Defendant did not pay sufficient regard to the welfare of the Claimant's children, contrary to section 55 of the Borders, Citizenship and Immigration Act 2009 ('the 2009 Act'), and

iii) the Claimant is entitled to indefinite leave to remain ('ILR') because she has lived in the United Kingdom for more than 20 years.

The challenge to the second decision is on two grounds:
i) the Claimant had an in-country right of appeal at the time she was detained, and
ii) the decision involved a breach of the Defendant's policy in relation to the detention of families.

Permission to apply for judicial review was granted by Patterson J on the papers on 18 August 2015. At the hearing, the Claimant was represented by Miss Jones, and the Defendant by Mr Westaway. I am grateful to both for their helpful oral and written submissions.

Find full details of this case on Bailii’s website here.