EXC, R (on the application of) v The Secretary of State for the Home Department
[2024] EWHC 935 (Admin)
GVA, R (on the application of) v Secretary of State for the Home Department
24 October 2023
[2023] EWHC 2838 (Admin)
High Court
A man in the UK was denied asylum and faces deportation. He claimed he was a victim of modern slavery and that his detention was unlawful. The court reviewed his case and decided that the government's actions were fair and that he was not a victim of modern slavery. His request to be released from detention was denied.
Key Facts
- •Claimant, an Albanian national, entered the UK illegally in 2012/13.
- •Convicted in 2022 of possession with intent to supply Class A drugs, sentenced to 34 months imprisonment.
- •Made asylum claim and NRM referral for modern slavery in 2022; both received negative decisions.
- •Detained under s.32(5) UK Borders Act 2007 pending deportation after release from prison.
- •Claimed modern slavery and challenged the lawfulness of his detention via judicial review.
Legal Principles
Principles governing grant of interim relief in judicial review (American Cyanamid; modified for public law cases)
American Cyanamid Company v Ethicon Ltd [1975] AC 396; R (Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1425 (Admin); Administrative Court Judicial Review Guide 2023
Hardial Singh principles governing lawful immigration detention (reasonableness, purpose, diligence, and the need to cease detention if removal is improbable)
R (Hardial Singh) v Governor of Durham Prison [1984] 1 WLR 704; R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888; R (Lumba) v Secretary of State for the Home Department [2011] UKSC 12; Fardous v Secretary of State for the Home Department [2015] EWCA 931 Civ; R (A) v Secretary of State for the Home Department [2007] EWCA Civ 804
Modern Slavery Act 2015, NRM, and related guidance on identifying and supporting victims of modern slavery.
Modern Slavery Act 2015; related statutory guidance
Article 4 ECHR (prohibition of slavery and forced labour) and positive obligations to protect victims
Article 4 ECHR
Section 72 NIAA 2002 presumption against asylum for individuals convicted of serious crimes and posing danger to the community
Section 72 NIAA 2002
Illegal Migration Act 2023 amendments to statutory detention provisions (not retrospective)
Section 12, Illegal Migration Act 2023
Outcomes
Permission for judicial review refused.
Claimant failed to demonstrate an arguable error of law in the negative modern slavery decision or unlawful detention. The court found the decisions reasonable and proportionate, considering the risk of absconding and the timeframe for deportation.
Interim relief (release from detention or bail) refused.
No arguable claim established; application for immigration bail deemed inappropriate for High Court.
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