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Reported Case

The Queen on Application of ZA (Iraq) -and- The Secretary of State for the Home Department [2015] EWCA Civ 168 (5 February 2015)

Date: 05/02/2015
Duncan Lewis, Reported Case Solicitors, The Queen on Application of ZA (Iraq) -and- The Secretary of State for the Home Department [2015] EWCA Civ 168

In the Court of Appeal (Civil Division) - On Appeal From the High Court of Justice -Queen’s Bench Division

ZA asserted that his prolonged detention under immigration powers on the basis that he would be returned to Iraq was unlawful, as the Home Office should have been aware that due to the security situation in Iraq at the time there was no realistic prospect of enforcing his removal. In an important judgement the Court of Appeal stated that when the home Office have to decide whether to continue to detain someone, the longer the individual has already been detained the greater the burden on the Home Office to demonstrate that there was a genuine prospect of removal, and declared the detention unlawful.

There will be another hearing to decide how much ZA should receive in damages.

 

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