Challenge to lawfulness of immigration detention


Re: da Silva v The Secretary of State for the Home Department [2015] EWHC 1157 (Admin)

The claimant challenged the lawfulness of his immigration detention.

The claimant had been convicted of sexual assault, burglary and theft in September 2010 and as result the SSHD signed a deportation order for the claimant.

The claimant’s initial appeal against the deportation order was allowed, however, the decision to deport was re-instated by the Upper Tribunal.

On the 25th March 2014, and before the claimant was detained, he sought permission to appeal against the decision of the Upper Tribunal from the CA (Civ Div).

One issue before the Court was whether the SSHD ought to have known that there was no prospect of removing the claimant within a reasonable timeframe when he was detained on the 1st April 2014.

Held: the Court found that it was reasonable for the SSHD to have assumed that the CA (Civ Div) would have endorsed the Upper Tribunal’s decision expeditiously, even though the SSHD subsequently conceded and agreed for the matter to be reconsidered by the Upper Tribunal.

However, the Court did accept that the claimant was detained on the wrong statutory provision between 2nd – 6th April 2015, and his detention between the 17th – 30th April 2015 was also unlawful because his poor mental health meant he ought to have been in hospital.

Adam Sandell was involved in this case.