United Kingdom: High Court rules 53 months of detention pending removal is lawful but 'pushed to the limit of what is capable of being considered reasonable'

The judgment, in R (on the application of Giwa) v Secretary of State for the Home Department [2013] EWHC 3189 (Admin), was handed down on 22 October 2013.

The claimant, a foreign criminal subject to automatic deportation provisions, did not challenge the lawfulness of his being detained for removal. The judicial review application concerned the reasonableness of the detention period, the prospects of achieving removal, and the diligence of the authorities. The judge considered the reasonableness of the detention period in light of all the circumstances, including the two year duration of the appeal process, the high risk of absconding or re-offending if released, the evident expedition of the authorities, and the genuine difficulties in proving the claimant's nationality. The judge, however, also indicated that, if the most recent diplomatic efforts to achieve the claimant's removal are unsuccessful, then the detention will, bar unforeseen circumstances, become unlawful. According to the judge, 'on the basis of the information available at present, it is unlikely that that period would exceed three months from the date of the decision'.

Read the Judgment.

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