R Rasoul v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | THE DEPUTY JUDGE |
| Judgment Date | 07 February 2012 |
| Neutral Citation | [2012] EWHC 828 (Admin) |
| Date | 07 February 2012 |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/2358/2011 |
[2012] EWHC 828 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
John Bowers, QC
(Sitting as a Deputy Judge of the High Court)
CO/2358/2011
Ms S Naik (instructed by Laurence Lupin) appeared on behalf of the Claimant
Mr D Blundell (instructed by Treasury Solicitor) appeared on behalf of the Defendant
With some hesitation, I am going to grant permission on the section 4 point, but only on that point. It seems to me that it is arguable that there has been a lack of rationality here and although on one reading of the note of the bail application before the First Tier Tribunal the judge would not have granted bail even if there was a section 4 address, I do not think it is sufficiently certain that the matter is not capable of some other interpretation.
On the other question of the lawfulness of detention and the removal within a reasonable period of time I am satisfied that that has already been dealt with by the court, albeit that there is an appeal, I am told, by Miss Naik to the Court of Appeal. I am satisfied from what Mr Blundell has told me and the basis set out in his skeleton argument and the amended response to the claim that any matter that arises from the aftermath of the Court of Appeal's determination in HM (Iraq) can be dealt with in the scope of that appeal.
An application has also been made by the claimant to cross-examine Miss Hopkins in relation to the section 4 issue. I do not think that this case comes within the circumstances of a most exceptional case, as set out by the Master of the Rolls in Bubb v London Borough Wandsworth [2011] EWCA CIV 1285, such that an order for cross-examination should be ordered. It seems to me that Miss Hopkins's evidence is largely formal and exhibiting documents. I do not think that the threshold has been met and I think that any attempt for the Secretary of State to justify the decisions made or further justify the decisions made should be by way of request for certain information or some...
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