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Reported Case

Sino, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 803 (Admin) (12 April 2016)

Date: 12/04/2016
Duncan Lewis, Reported Case Solicitors, Sino, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

Mr Justice Hayden : On the 25th June 2015 I handed down judgment in an application for Judicial Review in this case. I also gave various consequential directions to be addressed at a subsequent hearing. For a variety of reasons, which I need not burden this judgment with, that hearing has been greatly delayed. However, the matter returns to me to consider a number of issues:

i) Whether the Court should compel the disclosure of the terms of settlement relating to an earlier application and appended to an order of 21st November 2011 in proceedings CO/7878/2010;

ii) Directions relating to quantification of damages;

iii) Costs;

iv) Any application for permission to appeal.

On the 29th February 2016, in a short ex tempore judgment, I refused cross applications for permission to appeal, neither of which established the criteria for grant of permission at first instance.

This judgment requires to be read in conjunction with my earlier judgment Neutral Citation Number [2015] EWHC 1831 (Admin). In the course of that judgment I accepted the Claimant's submission that the extraordinary history of detention in this case required careful scrutiny and imposed a heavy burden of justification on the Defendant. At paragraph [5] I summarised the history of detention which requires to be repeated here:

"A disturbing feature of this case is that the Home Secretary has detained the Claimant under immigration powers for the following periods:

i) 8 July 2006 - 14 June 2011 (when the Claimant was released by order of the High Court)
ii) 9 June – 7 August 2012
iii) November - 8 December 2012
iv) 31 May 2013 - present

These periods total seven years and two months. Such a time span is a disturbing period for the executive to detain an individual under purely administrative powers. It would appear to be one of the longest aggregate periods that HM Government has ever detained an individual for in such circumstances. Though the period of detention was longer in the case of: Mustafa Abdi (formerly known as MA (Somalia) v Secretary of State for the Home Department [2014] EWHC 2641 (Admin), the Claimant in that case posed a grave risk to the public, including to children. The Claimant here can not be categorised in that way, nor does the level of risk he poses to the public come anywhere close to that identified in Abdi (supra)."

At paragraph [100] I summarised my findings thus:

"In conclusion, I reject the Grounds of Claim, save for and limited to my finding that the Claimant was detained between the 13th July 2013 and the 10th December 2013 when there was, at that stage, no realistic prospect of deportation. His detention was for this period, therefore, unlawful."

 

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