B v Secretary of State for the Home Department; B v Special Immigration Appeals Commission

Immigration – Deportation. The appellant was believed to be an Algerian national but refused to provide details of his identity. The Special Immigration Appeals Commission (SIAC) decided that he could no longer be detained pending deportation, as there was no reasonable prospect of removing him to Algeria and he was subsequently released on bail. In allowing the appellant's application for judicial review, the Court of Appeal, Civil Division, held that bail could not be granted, under paras 22 and 29 of Sch 2 to the Immigration Act 1971, where a person was unlawfully detained purportedly under para 2(2) of Sch 3 or where a person not currently in detention could not lawfully be detained under that provision. Further, the appellant's appeal against the decision of SIAC to strike out his appeal against the notice of intention to deport, was allowed on the ground that SIAC had failed to address his contention that revealing his identity might put his family at risk in Algeria.

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