Raol Barizi, R (on the application of) v The Secretary of State for the Home Department
[2023] EWHC 3491 (Admin)
Nakrasevicius, R (on the application of) v Secretary Of State For The Home Department
20 June 2024
[2024] EWHC 1856 (Admin)
High Court
A man was held in immigration detention longer than expected. The judge said it was wrong because the government was keeping him there to help with a separate legal case about money, not for immigration reasons. The judge ordered that the man must be released and given a place to stay.
Key Facts
- •Valdemaras Nakrasevicius, a Lithuanian citizen, was detained in the UK since December 11, 2023.
- •He pleaded guilty to facilitating travel for exploitation and possessing criminal property, serving a ten-month sentence (time served).
- •Deportation was deemed conducive to the public good, but removal was delayed due to a Proceeds of Crime Act 2002 (POCA) confiscation order.
- •Nakrasevicius sought interim relief for release from detention and Schedule 10 accommodation.
- •The Home Secretary argued detention was necessary to avoid frustrating the POCA proceedings.
- •Two authorising officers recommended Nakrasevicius' release.
Legal Principles
Principles of unlawful detention as set out in Re Hardial Singh [1984] 1 WLR 704 (unlawful purpose, unreasonable length of detention).
Re Hardial Singh [1984] 1 WLR 704
Modified American Cyanamid test for interim relief (serious issue to be tried, balance of convenience).
American Cyanamid v Ethicon Limited [1975] AC 396
High Court's power to order Schedule 10 accommodation under the Immigration Act 2016.
Immigration Act 2016, Schedule 10
Improper purpose in using detention powers (cannot be used to indirectly support criminal law or effect removal to detention in another country).
AXD v Home Office [2016] EWHC 113 (Admin), R (Ibori) v Secretary of State for the Home Department [2017] EWHC 1207 (Admin), and R (HXA) v Secretary of State for the Home Department (mentioned)
Statutory powers must be used for their conferred purpose, not for other purposes.
Lumba v Secretary of State for the Home Department [2011] UKSC 12
Test for mandatory relief requiring a strong prima facie case.
RRR Manufacturing Pty Limited v British Standards Institution [2024] EWCA (Civ) 530
Outcomes
Claimant's release from detention within seven days.
Strong prima facie case that detention was unlawful, used for improper purpose (to facilitate POCA proceedings), unreasonable length of detention, and balance of convenience favors release.
Provision of Schedule 10 accommodation pending Crown Court's decision on claimant's finances.
Lack of alternative accommodation and finances, and Home Secretary's apparent unwillingness to allow immediate return to Lithuania, despite claimant's willingness to leave.
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