Visit JCPCUKSC/2020/0008
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IMMIGRATION
R (on the application of Majera (formerly SM (Rwanda)) (AP) (Appellant) v Secretary of State for the Home Department (Respondent)
Case summary
Case ID
UKSC/2020/0008
Parties
Appellant(s)
Sofiane Majera
Respondent(s)
Secretary of State for the Home Department
Issue
Was the Appellant's purported grant of immigration bail by the First-tier Tribunal invalidated from the outset by defects in the Tribunal's order, and if not what are the consequences?
Facts
In this case SM, a Rwandan national, is challenging the Court of Appeal's decision that the purported grant of bail by the Tribunal was void from the outset. SM served a prison sentence for robbery between 17 December 2005 and 30 March 2015. The Parole Board recommended his release on licence and he was moved into immigration detention. On 30 July 2015 First-tier Tribunal Judge Narayan decided SM could be released on immigration bail. Although no one noticed this at the time, Judge Narayan’s order did not comply with the Immigration Act 1971 because it did not require SM to surrender to an immigration officer at a specified time and place or at all. The Home Secretary imposed restrictions on SM. On a judicial review by SM, Judge Peter Lane held that SM remained on bail granted by Judge Narayan and therefore the Home Secretary's restrictions (save for the restriction prohibiting SM from entering employment paid or unpaid) had no legal effect. On appeal, however, the Court of Appeal decided the defects in Judge Narayan's order made it unlawful from the outset, so SM was never validly bailed and the Home Secretary was free to impose her own restrictions.
Date of issue
8 January 2020
Judgment appealed
Judgment details
Judgment date
20 October 2021
Neutral citation
[2021] UKSC 46
Judgment links
Judgment summary
20 October 2021
Appeal
Justices
Hearing dates
Start date
10 May 2021
End date
10 May 2021
Watch hearings
10 May 2021 - Morning session
10 May 2021 - Afternoon session
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Last updated 16 April 2024