Procedural fairness, article 8 and unlawful removal: [RLG] R(AT and ors) v SSHD:

Procedural fairness, article 8 and unlawful removal: [RLG] R(AT and ors) v SSHD:

This judicial review in the Administrative Court concerns the unlawful removal of the Claimant AT following the unlawful refusal by the Secretary of State for the Home Department (SSHD) to accept his article 8 further submissions as a fresh claim.  The SSHD’s decision was procedurally unfair because AT was detained and unrepresented and the SSHD failed to give AT an opportunity to participate in the decision-making process, or to counter adverse allegations against him, or to inform him what further evidence he should put forward.  The Court found that as an unrepresented detainee AT faced very real practical difficulties in obtaining proper access to the court and that if he had had access to legal representation he would have brought a judicial review and his removal would have been prevented.  The case is also of interest because the SSHD was refused permission to participate in the judicial review hearing because she failed to state her case until the day before the hearing (a separate written judgment on that aspect of the case is awaited).  The SSHD was ordered to bring AT back to the UK.  The SSHD has not appealed the decision and AT is back in the UK.  The case is on Bailii here.

Author: Rakesh Singh

Publication date: November 21 2017