Appellant’s continued detention after successful appeal against notice of intention to make deportation order against her was unlawful


Re: R (Gomes) v Secretary of State for the Home Department [2016] EWCA Civ 373

There had been no authority for the appellant’s detention, where she had successfully appealed against the Secretary of State’s notice of intention to make a deportation order against her, and the Secretary had failed to appeal within the time limit. The grant of permission to appeal out of time did not reinstate the authority of the original notice. A subsequent detention review did not amount to an authorisation for detention.

Raza Husain QC was involved in this case.