JR93's Application
| Jurisdiction | Northern Ireland |
| Judge | Keegan J |
| Judgment Date | 04 February 2020 |
| Neutral Citation | [2020] NIQB 10 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 04 February 2020 |
1
Neutral Citation No: [2020] NIQB 10
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11170
Delivered: 5/2/20
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY JR93
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KEEGAN J
Introduction
[1] This application for judicial review is dated 21 October 2019. It is a review of
decisions of the Secretary of State for Home Department (“SSHD”). The applicant
has been afforded anonymity due to his connection with a child who is referenced in
these proceedings.
[2] The applicant is a Romanian national. He has been detained at Brooke House
Immigration Centre and subsequently Harmondsworth Immigration Centre since
8 October 2019 pending a decision on his removal from this jurisdiction. Removal
directions were provided to the applicant on 23 September 2019. The applicant’s
detention follows his release from a 16 month custodial sentence imposed upon him
for theft and burglary which he served at Hydebank Young Offenders Centre. The
applicant was released from that sentence on 8 October 2019 but detained as a result
of the decision of the SSHD which is under challenge.
[3] The applicant seeks an order of certiorari to quash the decision to detain him,
a declaration that the impugned decision was irrational and unlawful and an order
of mandamus requiring release. The applicant also sought interim relief in the form
of bail and applied for expedition in this case. The case was heard on 24 October
2019. The case then had to be adjourned for evidence to be regularised and
subsequently it was heard again on 4 November 2019, and 6, 17 and 18 December
2019. Given the issues that arose in the case it proceeded as a rolled up hearing by
agreement. Ms Fionnuala Connolly BL appeared on behalf of the applicant and
Mr Joseph Kennedy BL on behalf of the respondent. I am grateful to counsel for
their helpful written and oral arguments.
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[4] The challenge contained within the Order 53 statement is unequivocally
directed at the detention (not at the removal decision itself) on the basis that it is
unlawful for a number of reasons namely:
(i) That it is in breach of Article 5(2) of the European Convention on
Human Rights (“ECHR”).
(ii) That it is in breach of Article 8 of the ECHR and Section 55 of the
Border Citizenship and Immigration Act 2009.
(iii) That it is in breach of policy regarding the use of detention specifically
Chapter 55 of the Enforcement Instructions Manual on Detention.
(iv) That it is in breach of EU law.
(v) That the decision-maker failed to take into account a number of
relevant matters in reaching the decision particularly that the applicant
asserted that he was an EU citizen, had resided in Northern Ireland
since 2010, had a family home here and a child.
[5] Some context to this case is gleaned from other related proceedings namely
care order proceedings in relation to a child which I will refer to and immigration
proceedings which pre-dated the detention. A helpful general chronology has been
provided by counsel as follows:
Approx. 2010 Applicant entered the United Kingdom with his family
(parents, brother, 3 sisters). Applicant has resided at an
address in Belfast since 2010.
2018 Applicant’s daughter born.
26 November 2018 Applicant convicted of theft and burglary and sentenced
to 16 months imprisonment at the Young Offenders
Centre. Applicant appealed the sentence and was
granted bail.
11 December 2018 Applicant arrested on foot of a European Arrest Warrant
and detained at Young Offenders Centre.
7 May 2019 Social Services attended with applicant at Young
Offenders Centre and asked that he put forward family
names willing to act as kinship placements until he was
released from prison. Applicant put forward his mother
and sister.
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