16th March 2021
This is an appeal against the Order of Hickinbottom LJ and Johnson J (3/9/20) sitting in the Divisional Court that dismissed a claim for judicial review.
The Appellant is a foreign national prisoner who is currently serving a life sentence for a terrorist offence, with a tariff which is due to expire in September 2021.
He is the subject of a deportation order which he has never challenged, and so is appeals rights exhausted. He is firmly of the view that, but for prison rules that remove the power to transfer life prisoners to open conditions if they are subject to a deportation order where they are appeals rights exhausted, he would have been referred to the Parole Board by now to consider whether he should be transferred to open conditions, but the rules means that he cannot be considered for transfer. He has consequently not been referred to the Parole Board for any assessment of risk.
Lower Court Judgment: