Court of Appeal allows the appeal in JS (Sudan)

Tuesday 12 November 2013

R (JS (Sudan)) v Secretary of State for the Home Department [2013] EWCA 1378

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JS was convicted of serious sexual offences against vulnerable girls, recommended for deportation and subject to automatic deportation. He was eventually released, after 15 months of immigration detention, after the expiry of his prison sentence, when the tribunals accepted that he could not be deported compatibly with Article 3 ECHR. Allowing his appeal, the Court of Appeal held that eight of his 15 months' immigration detention was unlawful because of its unreasonably long duration. The reason was that there were lengthy periods of apparent administrative delay, in respect of which the Secretary of State had not offered any adequate explanation, whilst the Secretary of State was considering whether JS could be deported compatibly with Article 3.

Stephen Knafler QC and Mark Symes appeared for JS.

Click here to download a copy of the full judgment.

Stephen Knafler QC and Mark Symes are both members of the Garden Court Chambers Immigration Team.

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