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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Ibori, R (on the application of) v The Secretary of State for the Home Department  EWHC 1207 (Admin) (22 May 2017)
Cite as:  EWHC 1207 (Admin)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| The Queen (on the application of)
JAMES ONANEFE IBORI
|- and -
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Mr Malcolm Birdling (instructed by GLD) for the Defendant
Hearing dates: 2 May 2017
Crown Copyright ©
MRS JUSTICE CHEEMA-GRUBB DBE:
"Confiscation hearing – This is scheduled for 3 February 2017".
"Mr Ibori's removal is not considered to be likely within a reasonable period of time as the confiscation hearing has been ongoing for over a year and could be ongoing after the confiscation hearing on 3rd February 2017"
"The confiscation process is clearly complicated as set out below [a reference to an email from the CPS] but should be clearer by the beginning of February . Mr I has indicated a wish to leave the UK and the risk of absconding and fleeing the UK must be high. Whilst we could impose various restrictions, including placing him on a no fly list, there would be very little we could do to stop him leaving the UK via clandestine means. I therefore feel that the best course of action at present is to place him in immigration detention and review the position in February or when we know more about the confiscation process. If, of course the confiscation matters are dropped then removal could take place immediately……. Mr Ibori will of course be free to apply for IAC Bail."
"Any decision regarding the deportation is a matter for the Secretary of State for the Home Department."
"(2) Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom…."
(1) A person who has served a period of imprisonment may be detained under the authority of the Secretary of State –
(a) while the Secretary of State considers whether section 32(5) applies, and
(b) where the Secretary of State thinks that section 32(5) applies, pending the making of the deportation order.
(2) Where a deportation order is made in accordance with section 32(5) the Secretary of State shall exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 (detention pending removal) unless in the circumstances the Secretary of State thinks it inappropriate.
(3) A court determining an appeal against conviction or sentence may direct release from detention under subsection (1) or (2).
(4) Provisions of the Immigration Act 1971 which apply to detention under paragraph 2(3) of Schedule 3 to that Act shall apply to detention under subsection (1) (including provisions about bail).
(5) Paragraph 2(5) of Schedule 3 to that Act (residence, occupation and reporting restrictions) applies to a person who is liable to be detained under subsection (1).
(Emphasis in subsection (2) added.)
"(i) The Secretary of State must intend to deport the person and can only use the power to detain for that purpose;
(ii) The deportee may only be detained for a period that is reasonable in all the circumstances;
(iii) If, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect deportation within a reasonable period, he should not seek to exercise the power of detention;
(iv)The Secretary of State should act with reasonable diligence and expedition to effect removal".
"In order to be lawful, immigration detention must be for one of the statutory purposes for which the power is given and must accord with the limitation implied by domestic and ECHR case law. Detention must also be in accordance with stated policy on the use of detention….."
"a) The relevant power to detain must only be used for the specific purpose for which it is authorised. This means that a person may only be detained under immigration powers for the purpose of preventing his unauthorised entry or with a view to his removal (not necessarily deportation). Detention for other purposes, where detention is not for the purposes of preventing unauthorised entry or effecting the removal of the individual concerned, is not compatible with Article 5 and would be unlawful in domestic law……;
b) The detention may only continue for a period that is reasonable in all the circumstances for the specific purpose;
c) If before the expiry of the reasonable period it becomes apparent that the purpose of the power, for example, removal, cannot be effected within that reasonable period, the power to detain should not be exercised;
d) The detaining authority (be it the immigration officer or the Secretary of State) should act with reasonable diligence and expedition to effect removal (or whatever the purpose of the power in question is.)"
The Competing Submissions