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Reported Case

Suckrajh, R (on the application of) v The Asylum & Immigration Tribunal & Anor [2011] EWCA Civ 938 (29 July 2011)

Date: 29/07/2011
Duncan Lewis, Reported Case Solicitors, Suckrajh, R (on the application of) v The Asylum & Immigration Tribunal & Anor [2011] EWCA Civ 938

The claimant seeks by way of judicial review a declaration that he was unlawfully detained for 46 days in July and August 2009 by the UKBA on behalf of the second Respondent, the Secretary of State, and damages for false imprisonment and for breach of Article 5 of the Human Rights Convention. The UKBA had detained the claimant under the Detained Fast Track (DFT) procedure. The claimant contended that it had no right to do so. Under this procedure asylum seekers are detained at immigration detention facilities while their claims and any appeal are determined. The stated objective of the procedure is to enable straightforward claims to be determined speedily. Under the procedure, immigration officers of the UKBA are entrusted with making the decision on allocation to the DFT. There is a right to appeal to Immigration Judges to remove a case from the procedure or grant bail.


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