Johnson (claimant/appellant) v Secretary of State for the Home Department (defendant/respondent)

Wednesday 31 January 2024

Appeal against the Order made by Sweeney J sitting in the King’s Bench Division dated 7th December 2022 declaring that part of period of immigration detention was lawful.

A was born in the UK in 1989 while his mother was in the UK on a visit visa. In 2005 A applied for leave to remain based on the 14 year concession and he submitted his Ugandan passport stating that he was born in Uganda. In 2010 he was sentenced to 8 years of imprisonment and a decision to deport was issued. A stated that he was British. He was detained under immigration powers and the Home Office determined that he was a Ugandan national. The SSHD considered that A was liable to automatic deportation and attempted to deport him. Uganda refused entry and he was returned and detained. He was refused leave as a stateless person in September 2019 but granted leave on an exceptional basis as he was stateless. The deportation order was revoked in December 2019 and A issued the present claim seeking damages for unlawful detention.

View hearing:

Part 1

Part 2