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Reported Case

Osadebay, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 2086 (Admin) (29 July 2020) (14 August 2020)

Date: 14/08/2020
Duncan Lewis, Reported Case Solicitors, Osadebay, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 2086 (Admin) (29 July 2020)

Background

The claimant was granted bail in principle by the First-tier Tribunal (FtT) on 22 May 2020 with the condition that the Secretary of State release him into supported accommodation. The grant of bail was extended on 18 June 2020 but expired on 25 June 2020, without appropriate accommodation being sought. This is despite the fact that Secretary of State had accepted on 16 June 2020 that the Claimant was entitled to Section 95 accommodation and support. And, despite the fact that the Claimant is recognised as a Level 3 Adult at Risk by the Secretary of State.

A further bail application was made and a second judge in the FtT granted bail in principle on 15 July 2020, once again with the condition that the
Secretary of State release him into approved accommodation.

The Claimant sought interim relief from the High Court, which was listed for 29 July 2020. The court received a witness statement at around 4 o'clock on 28 July 2020 with documents that described the position from the defendant's perspective. The next day, shortly before the hearing, the Defendant informed the Court and the Claimant that a Section 95 accommodation had been identified and the claimant will be released subject to appropriate approval requiring liaison between the National Probation Service (in London) and the relevant police force (in Birmingham). The Claimant accepted that such liaison and appropriate checks are essential and that appropriate time is needed to conduct them.
As a result the application for interim relief was adjourned by Mr. Justice Fordham and listed for a further hearing on 11 August 2020. The adjourned application was heard by Mr. Justice Linden who made an order for the Claimant’s release to approved accommodation within 7 days.

Mr. Justice Linden also recognised that the Defendant’s conduct was unreasonable and made an order for Claimant’s costs of the second hearing.


Representation

Public Law Director Bahar Ata is instructing David Jones and Taimour Lay of Garden Court Chambers.

 

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