IN THE HIGH COURT OF JUSTICE- QUEEN'S BENCH DIVISION - ADMINISTRATIVE COURT
This is an application for judicial review in which the Claimant claims a declaration that the Defendant was not entitled to make a second deportation order of the 9th July 2013 following the revocation of an earlier order, an order quashing that second deportation order and damages and/or compensation for false imprisonment alternatively for a violation of his article 5 rights in respect of his detention in whole or in part from September 2010 to November 2013. When the claim was issued the Claimant was detained but he was released on bail by an Immigration Judge on 13th November 2013 so that he no longer claims a mandatory order directing his release from administrative detention.
His Honour Judge Bidder QC held that;
“The second deportation order was both unlawful when made and that detention in the period from its making to the date of release of the Claimant was unlawful.
Overall, I find that the Claimant’s detention from 18th October 2010 to the 13th November 2013 was unlawful and that he was falsely imprisoned and imprisoned in breach of article 5 of the ECHR during that period”.