Secretary of State for the Home Department v SM (Rwanda)

Immigration – Bail. Parliament intended total invalidity to result from a failure by an immigration officer or the First-tier Tribunal (Immigration and Asylum Chamber) to impose the two 'primary' conditions required by para 22(1A) of Sch 2 of the Immigration Act 1971 when granting bail to a detained person. Accordingly, the Court of Appeal, Civil Division, in allowing the Secretary of State's appeal, held that the grant of bail to the respondent was ultra vires, void and a nullity, and there was no bar to the Secretary of State imposing her own conditions by way of a notice of restriction.

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