*Roszkowski v Secretary of State for the Home Department

Immigration – Detention. The proper test to be applied where there was a judicial review challenge to the Secretary of State's decision to withhold consent to the release on bail of a detainee subject to deportation (following a bail decision in the detainee's favour by a tribunal) was whether that power had been exercised on the basis of a rational disagreement with the judge's conclusions concerning bail. So held the Court of Appeal, Civil Division, in a ruling concerning the application of the Immigration Act 1971 (IA 1971) s 4 and para 22 of Sch 2. The court held that the Secretary of State's initial decision withholding consent to the release of the applicant foreign criminal (L) on bail had been made on a rational basis, having had proper regard to the judge's decision to the contrary. Accordingly, L's application for judicial review on that basis was dismissed. However, it held that the continued withholding of consent preventing L's release after removal directions had been cancelled had rendered his detention unlawful and his application for judicial review was allowed to that very limited extent.

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