Nakrasevicius, R (on the application of) v Secretary Of State For The Home Department
[2024] EWHC 1856 (Admin)
Raol Barizi, R (on the application of) v The Secretary of State for the Home Department
29 December 2023
[2023] EWHC 3491 (Admin)
High Court
A man facing deportation has been in and out of jail and detention for years because the government can't get him an official document to leave. A judge ordered the government to give him a place to live while they try to figure it out, because leaving him homeless would be cruel.
Key Facts
- •Raol Barizi, claiming Italian nationality, has been repeatedly detained since 2013 due to deportation issues.
- •The Home Office has attempted to obtain an Emergency Travel Document (ETD) from Algeria since 2012, repeatedly failing.
- •The First-Tier Tribunal granted Barizi bail, conditional on Schedule 10 accommodation.
- •The Home Office refused accommodation, claiming no exceptional circumstances.
- •Barizi applied for urgent interim relief for immediate release and accommodation.
Legal Principles
Once the First-Tier Tribunal grants bail, the defendant is obligated to comply.
R (Majera) v Secretary of State for the Home Department [2021] UKSC 46
Courts typically require accommodation within seven days for release orders.
R (Humnyntskyi) v SSHD [2021] EWHC 1912 (Admin)
Schedule 10 of the 2016 Act allows the Secretary of State to provide accommodation under exceptional circumstances.
Schedule 10 to the Immigration Act 2016
The Secretary of State must act compatibly with Convention rights under the Human Rights Act 1998 unless compelled otherwise.
s.6 of the Human Rights Act 1998 and s.3(1) of the 1998 Act
Article 3 ECHR prohibits inhuman or degrading treatment; a positive obligation to accommodate exists if an individual cannot avoid the risk of such treatment and cannot return to their country of origin.
R (Limbuela) v Secretary of State [2005] UKHL 66; R (Kimani) v Lambeth LBC [2003] EWCA Civ 1150
In interim relief applications, the court considers if there's a serious question to be tried and the balance of convenience.
American Cyanamid v Ethicon Limited [1975] AC 396
The Secretary of State must provide evidence and make submissions on appropriate grace periods for compliance with release orders.
R (AC (Algeria)) v SSHD [2020] EWCA Civ 36
Outcomes
Granted Barizi's application for urgent interim relief.
The court found that the balance of convenience strongly favored granting the order, given the lack of progress on deportation, the absence of a proper harm assessment by the Home Office, and the strong arguable unlawfulness of the refusal of accommodation.
Ordered the Home Office to provide Schedule 10 accommodation within ten days.
This was deemed necessary to prevent a breach of Barizi's Article 3 ECHR rights and to comply with the First-Tier Tribunal's bail order.
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