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Kaitey (claimant/appellant) –v- The Secretary of State for the Home Department (defendant/respondent)

Tuesday 16th – Wednesday 17th November 2021

The Appellant appeals the Order of Laing J (as she was) of 13 July 2020 by which she dismissed his judicial review claim. In granting permission to appeal, Laing J noted that the issue raised in this case is said to affect 90,000 people who are currently on immigration bail. The issue is whether the SSHD or First Tier Tribunal has a power to impose or maintain a person on conditional bail under para. 1 of Sch. 10 to the Immigration Act 2016 in circumstances where to detain them for breach of bail would be unlawful.

The Appellant argues that the effect of Laing J’s judgment is that he may be held subject to conditional bail indefinitely even though there is no realistic prospect that he will be deported and even though he may not be detailed under immigration powers. The Appellant argues that it is a condition precedent to the exercise of the power to grant bail that a person is liable to lawful detention and that a corollary of breach of bail is a power to detain or re-detain.

The Applicant claims to be a national of Guinea but the SSHD asserts that he may be Ghanaian. He has been subject to a deportation order since 2009. He was detained for 2 years and has been on conditional immigration bail since his release on 27 January 2011. Attempts to obtain the necessary travel documentation to deport the Applicant have been unsuccessful since 2010. The SSHD did not expressly dispute the Appellant’s claim that he could not be lawfully detained but Laing J made no finding on this point.

Lower Court Judgment:

Kaitey v Secretary of State for the Home Department & Anor [2020] EWHC 1861 (Admin) (13 July 2020) (bailii.org)

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1 (final part)