header-logo header-logo

29 September 2020
Issue: 7904 / Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail

Deportation ruled unlawful

Home Office under fire for treatment of asylum seeker

The Home Office unlawfully removed an asylum seeker from the UK and unlawfully detained her in Yarl’s Wood Immigration Removal Centre, the Court of Appeal has held.

The woman, PN, who is now 27 years old, claimed asylum on the grounds she would be persecuted for being a lesbian if returned to Uganda. The Home Office rejected her claim on the basis of lack of proof. PN came to the UK, aged 17 years, as an accompanying child on a visitor’s visa but was arrested as an over-stayer three years later. She was held and removed under the detained fast track (DFN) process―a system that was used for about 10,000 cases before ending in 2015 after being held ultra vires and unlawful. The Home Office was ordered by the High Court to help PN return to the UK, but after doing so it appealed, arguing that PN’s removal had not been unlawful.

In R (oao) PN (Uganda) v Home Secretary [2020] EWCA Civ 1213 this week, however, the Court of Appeal dismissed the home secretary’s appeal. It granted PN’s cross-appeal in part, holding that periods of her detention were unlawful.

Sulaiha Ali, solicitor, Duncan Lewis, who acted for PN, said the DFT process meant asylum seekers ‘were subjected to extremely truncated time frames in which to put forward their asylum claims.

‘This process has since been declared as unlawful and we are extremely pleased that the Secretary of State’s latest attempt to try and reargue matters that have already been determined by the court has been refused. We hope that she now turns her efforts to considering our client’s protection claim promptly, given that her actions caused our client to be subjected to a structurally unfair process that resulted in her being unlawfully detained and removed to Uganda where she was exposed to horrific rape and torture.’ 

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll