13 Jul 2020 [2020] EWHC 1861 (Admin); [2021] QB 285; [2020] 3 WLR 936; [2021] 2 All ER 719; [2020] WLR(D) 401, QBD (Elisabeth Laing J)
10 Dec 2021 [2021] EWCA Civ 1875; [2022] QB 695; [2022] 3 WLR 121; [2022] 3 All ER 835; [2021] WLR(D) 619, CA (Singh, Nugee LJJ, Sir Stephen Richards)
25 Aug 2022 (appn dis) [2023] 1 WLR 155, SC(E) (Lord Reed PSC, Lord Sales, Lord Hamblen JJSC)
IMMIGRATION — Detained person — Immigration bail — Foreign national detained pending deportation but later released on immigration bail as person “liable to detention” — Whether person liable to detention if power to detain not capable of being exercised lawfully at relevant time — Immigration Act 2016 (c 19), Sch 10, para 1(2)(5)
[2020] EWHC 1861 (Admin); [2021] QB 285; [2020] 3 WLR 936; [2021] 2 All ER 719; [2020] WLR(D) 401, QBD
IMMIGRATION — Detained person — Immigration bail — Foreign national detained pending deportation but later released on immigration bail as person liable to detention — Whether person “liable to detention” if power to detain not capable of being exercised lawfully at relevant time — Immigration Act 2016 (c 19), Sch 10, para 1(2)(5)
[2021] EWCA Civ 1875; [2022] QB 695; [2022] 3 WLR 121; [2022] 3 All ER 835; [2021] WLR(D) 619, CA
R (Kaitey) v Secretary of State for the Home Department [2020] EWHC 1861 (Admin); [2021] QB 285; [2020] 3 WLR 936; [2021] 2 All ER 719; [2020] WLR(D) 401, QBD
Decision of Elisabeth Laing J affirmed
R (Kaitey) v Secretary of State for the Home Department [2021] EWCA Civ 1875; [2022] QB 695; [2022] 3 WLR 121; [2022] 3 All ER 835; [2021] WLR(D) 619, CA
Free Movement
Immigration bail legislation means what it says, High Court confirms
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Home Office immigration bail powers upheld Case comment
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