JXL, R (on the application of) v Secretary of State for the Home Department
[2023] EWHC 510 (Admin)
Rupert Junior Geddes v Secretary of State for the Home Department
22 January 2024
[2024] EWHC 66 (Admin)
High Court
A man challenged his deportation, arguing a Supreme Court appeal kept him from being legally removed. The judge disagreed, saying the law doesn't automatically stop deportation for Supreme Court appeals. He lost the case.
Key Facts
- •Judicial review of a deportation order dated 19 September 2017.
- •Claimant, a Jamaican national, convicted of wounding with intent in 2007.
- •Deportation deemed conducive to the public good in 2014.
- •Claimant's appeals to the First-tier Tribunal, Upper Tribunal, and Court of Appeal were dismissed.
- •Claimant applied for permission to appeal to the Supreme Court, which was refused in 2022.
- •Claimant's detention from 30 October to 15 November 2017 is the subject of the challenge.
- •The case hinges on the interpretation of section 104 of the Nationality, Immigration and Asylum Act 2002, concerning the 'pending appeal' status.
Legal Principles
Interpretation of "finally determined" in section 104(1)(b) of the Nationality, Immigration and Asylum Act 2002.
Nationality, Immigration and Asylum Act 2002, section 104
Expressio unius est exclusio alterius: the express mention of certain appeals in section 104(2) implies the exclusion of others.
Legal interpretation principle
Legislative intent to avoid uncertainty regarding the legality of removal from the UK.
Niaz (NIAA 2002 s. 104: pending appeal) [2019] UKUT 00399 (IAC)
The possibility of the defendant voluntarily staying removal or the claimant seeking a stay pending appeal.
Case precedent and legal practice
Outcomes
Application for judicial review dismissed.
The court found that the deportation order was validly made and that there was power to detain the claimant. The interpretation of section 104 of the 2002 Act did not prevent the deportation, as the appeal to the Supreme Court was not considered 'pending' under the statute.
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