IS (Bangladesh), R (on the application of) v Secretary of State for the Home Department
[2023] EWHC 3130 (Admin)
ER, R (on the application of) v Secretary of State for the Home Department
28 November 2023
[2023] EWHC 3187 (Admin)
High Court
A man with mental health issues was being held for deportation but had been granted bail. The government didn't give him a place to stay, even though they should have. A judge ordered the government to provide a place to stay and release the man immediately because they were acting unfairly and unlawfully.
Key Facts
- •ER, a Trinidadian national with schizoaffective disorder and numerous criminal convictions (including wounding and drug offenses), was detained under the Mental Health Act 1983 and later imprisoned.
- •A deportation order was signed in April 2023, and ER was detained pending deportation under the Immigration Act 1971 after his release from prison.
- •ER was granted immigration bail in principle in August 2023, conditional on suitable accommodation and monitoring, but no accommodation was found.
- •The Home Office refused accommodation applications under Schedule 10 of the Immigration Act 2016, citing various reasons.
- •ER's legal representatives experienced significant delays in accessing their client and securing a response to their concerns about unlawful detention.
- •ER's mental health deteriorated significantly during his detention.
Legal Principles
Immigration powers do not authorize preventive detention.
Case law and inherent principles of UK law
The Home Office policy on ‘adults at risk’ establishes a strong presumption in favour of liberty.
Home Office Policy
The power to provide accommodation under para. 9 of Schedule 10 to the Immigration Act 2016 is triggered by a grant of conditional bail, even if a specific address isn't initially provided.
Humnyntskyi [2020] EWHC 1912 (Admin), [2021] 1 WLR 320 at [18]-[19]
Section 12 of the Illegal Migration Act 2023 permits detention to facilitate removal or deportation and to enable arrangements for release.
Illegal Migration Act 2023, s.12
Outcomes
Mandatory injunction requiring the Home Secretary to identify suitable accommodation under Schedule 10 within seven days and release ER within three days thereafter.
The court found the Home Secretary acted unlawfully in refusing accommodation, citing unacceptable delays, unlawful refusal reasons, and the compelling need to protect ER's mental health and uphold his right to liberty.
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