Detention Action win in Court of Appeal: second aspect of DFT unlawful
The Court of Appeal have found that the Secretary of State’s policy (which the court found to have been in place since 2008) of detaining individuals on DFT criteria post-decision and pending appeal is unlawful because it is not sufficiently clear and transparent, and even if it had been clear, that there is no Saadi justification for this period of detention.
Sonal Ghelani of the Migrants’ Law Project, the solicitor acting for Detention Action, said:
“It appears that the Home Office has been detaining asylum seekers unlawfully for their appeals for the last six years. It cannot be right or fair that the Home Secretary, as a party to an appeal, is entitled to detain her opponent when the effect of detention is to make the appellant’s conduct of the appeal much more difficult and therefore to make it less likely that he or she will be successful.”
A summary of the 4th judgment and the full text are available below.
Nathalie Lieven QC and Charlotte Kilroy of Doughty Street Chambers, instructed by the Migrants’ Law Project, represent Detention Action.