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Immigration – Deportation. The claimant was an Indian national who first entered the United Kingdom pursuant to entry clearance as a student in order to study. She returned to the United Kingdom on 28 December 2011 from a holiday in India. She was questioned by the immigration officer, who made a decision that her purpose in entering the United Kingdom had changed from studying to working as a nanny, and on that basis, her leave to remain was cancelled. The claimant brought a claim for judicial review seeking damages for unlawful detention. Her claim was transferred to the Queen's Bench Division. That court held that the immigration officer had insufficient evidence on which to base his conclusion, that the claimant had been unlawfully detained and that therefore she was entitled to general damages.
Immigration – Deportation. The claimant was an Indian national who first entered the United Kingdom pursuant to entry clearance as a student in order to study. She returned to the United Kingdom on 28 December 2011 from a holiday in India. She was questioned by the immigration officer, who made a decision that her purpose in entering the United Kingdom had changed from studying to working as a nanny, and on that basis, her leave to remain was cancelled. The claimant brought a claim for judicial review seeking damages for unlawful detention. Her claim was transferred to the Queen's Bench Division. That court held that the immigration officer had insufficient evidence on which to base his conclusion, that the claimant had been unlawfully detained and that therefore she was entitled to general damages.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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