Unlawful detention following torture in detention and sexual assault.

Howe & Co were instructed by BS to pursue a claim for Judicial Review against the Secretary of State for the Home Department following a considerable period of detention. The Claimant was a victim of torture, whilst detained in India including sexual assault.  The Home Office accepted this was true, but refused the asylum claim on the basis of internal relocation. A rule 35 report also concluded the Claimant was a victim of torture, and so he was identified as a level 2 vulnerable person.

The Defendant was aware that the Claimant would not be retuned to India without a travel document. In December 2016, they became aware that this document would not be available for some time. This was not appreciated by the reviews of detention until the 26 January 2017, when this was realised the Claimant was immediately released from detention.

Following an order for disclosure a number of additional documents were disclosed, this continued over a length period of time, right to the day before hearing. At the hearing Deputy High Court Judge Mr Thomas QC determined that the Defendant had been unable to justify 38 days of detention and as such the Judicial Review was allowed.

Adam Tear appeared for the Claimant at permission, the full hearing and judgement with Christopher Jacobs of Landmark Chambers appearing for the full hearing.

http://www.bailii.org/ew/cases/EWHC/Admin/2018/454.html