Unlawful designation of Jamaica and unlawful fast track detention.

Wednesday 12 June 2013

The Court of Appeal has handed down judgment today in a test case R (JB) Jamaica v Secretary of State for the Home Department [2013] EWCA Civ 666.

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The Court held (2:1) that it was unlawful of the Secretary of State for the Home Department to continue to designate Jamaica, under section 94 of the Nationality, Immigration and Asylum Act 2002, as a state where "there is in general no serious risk of persecution", given the high level of persecution in Jamaica of persons known or suspected of being gay, lesbian, bisexual or transgender.

The Court further held (3:0) that JB's detention under the detained non-suspensive appeal and detained fast track schemes had been unlawful because the Secretary of State had failed to carefully assess whether his case could be processed fairly and sustainably as well as speedily, in circumstances where, in fact, rationally, it could not be. Click here to read the full judgment.

Stephen Knafler QC appeared for JB. He led Paul Nettleship, solicitor-advocate and was instructed by Solange Valdez of Sutovic & Hartigan, solicitors.

Stephen Knafler QC is a member of the Garden Court Administrative & Public Law and Immigration Teams.

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