Priti Patel’s Refusal to Grant Immigration Bail to FNOs – Ruled Unlawful

1. The Secretary of State’s policy and practice for granting Schedule 10 accommodation to FNOs are unlawful because:  (a) They are systemically unfair. (b) They fetter the Secretary of State’s discretion to consider whether the situation of an individual applicant amounts to exceptional circumstances.

2. In the case of the First Claimant (CO/307/2019), the First Claimant was unlawfully detained between 1 November 2018 and 23 January 2019 by reason of material public law errors in determining his eligibility for Schedule 10 accommodation.

3. In the case of the Second Claimant (CO/144/2020), the Defendant’s failures to consider and grant the Second Claimant’s requests for Schedule 10 accommodation and bail variation were unlawful; and the Second Claimant’s street homelessness from 23 March 2019 until 7 February 2020 breached his rights under Article 3 ECHR for which he is entitled to damages.

4. In the case of the Third Claimant (CO/1345/2020), the Defendant’s failures to consider and grant the Third Claimant’s request for Schedule 10 accommodation were unlawful and the Third Claimant was unlawfully detained from 10 January 2020 to 22 April 2020 for which she is entitled to substantial damages.

Read the full judgement: https://is.gd/mgwNKl