The Home Secretary had not acted ultra vires in discharging bail conditions imposed by an immigration tribunal
R (Asif Raza) v Secretary of State for the Home Department [2016] EWCA Civ 807
- Related Member(s):
- Chris Buttler
- Related Practice Area(s):
- Immigration, Asylum and Free Movement, Public Law
- Court:
- Court of Appeal (Civil Division)
Whether the Upper Tribunal had erred in concluding that the Home Secretary had no power to vary or discharge bail conditions imposed by the First-tier Tribunal. Held: Under the Immigration Act 1971, Sch 2, para 22, these conditions expired upon surrender. The immigration officer could impose new conditions, which the Home Secretary could vary. The Home Secretary had been entitled to accede to the appellant’s request to have his bail conditions discharged.
Chris Buttler was involved in this case.