Coronavirus - Business Continuity

Reported case: High Court orders release of vulnerable immigration detainee

Friday 21 August 2020

The claimant was represented by Taimour Lay of Garden Court Chambers instructed by Bahar Ata of Duncan Lewis Solicitors. David Jones of Garden Court Chambers is instructed in the ongoing unlawful detention claim. Taimour Lay and David Jones are members of the Garden Court Chambers Immigration and Public Law Teams. 

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In R (on the application of Osadebay) v Secretary of State for the Home Department [2020] 8 WLUK 80, Mr Justice Linden ordered the release of an immigration detainee following an eight-week delay in the Defendant sourcing asylum accommodation.

The Court gave the Home Office seven days to finalise s.95 accommodation, liaise with probation and arrange release from the Immigration Removal Centre, noting that there would need to be "compelling evidence" to support any application to vary the Order for interim relief.

The Home Office was ultimately responsible for ensuring other agencies acted in good time. The Claimant was also awarded costs for the hearing.

The case highlights again that judicial tolerance of Home Office and probation delays, even in the context of logistical challenges posed by Covid-19, is limited when it leads to protracted detention and prima facie human rights breach.

 

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