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Duncan Lewis is successful in another immigration unlawful detention case against the Home Secretary (18 October 2012)
Date: 18/10/2012
Duncan Lewis is successful in another immigration unlawful detention case against the Home Secretary. High Court Judge finds Home Office's actions to be "strikingly ineffectual" and "contradictory"
Mr Justice Irwin handed down judgment today in the case of Ladi Mulliqi v SSHD Case No: CO/508/2012 allowing the application for Judicial Review and finding that the Claimant had been unlawfully detained by the Home Secretary.
Lead Solicitor, Toufique Hossain of Duncan Lewis states: “with the Home Secretary being so ineffective and inconsistent when making decisions to detain vulnerable people under Immigration Laws, it is vitally important that detainees and their family members seek legal advice as quickly as possible just in case their detention is unlawful and they have a claim for damages”.
The Claimant is a Kosovan national who was detained under immigration powers for a total period of 22 months before a High Court Judge ordered his release in February this year. He entered the UK as an unaccompanied minor fleeing war torn Kosovo in 2000. The Claimant suffers from a serious health condition, diagnosed as Bronchiectasis, likely to be caused by the hereditary condition Primary Ciliary Dyskinesia.
The High Court Judge made very strong findings against the Secretary of State’s Home Department officials including senior officials. Concluding that the Claimant had been unlawfully detained for a period of four months, the Judge held:
“What is striking about this story is the sequence of contradictory and ineffectual decisions and actions on the part of the officials acting for the Secretary of State”.
He went on to find that,
“Overall, the activity here was strikingly ineffectual and, perhaps more to the point, no-one on behalf of the Secretary of State reached the conclusion that they were getting nowhere”.
The Defendant has been ordered to pay the Claimant’s costs and the assessment of damages has been adjourned for three months for parties to attempt settlement.
Duncan Lewis is a Legal 500 and Chambers UK 2013 Ranked Firm with extensive experience challenging unlawful detention cases by way of Judicial Review.