YS was represented by Mike Poulter at Turpin Miller. David Sellwood of Garden Court Chambers was instructed in the habeas proceedings, and Gráinne Mellon in a parallel claim for judicial review.
A dual Irish French citizen, YS, was released from Heathrow Immigration Removal Centre on Monday 9 June 2025, after the Secretary of State for the Home Department (‘SSHD’) conceded an application for a writ of habeas corpus, 30 minutes before a substantive hearing was due to take place, before Mr Justice Sweeting in the Administrative Court.
YS was initially detained by the SSHD on 29 May 2025 for deportation to France, after serving a term of imprisonment. The SSHD had initiated deportation proceedings against YS, despite him notifying her back in July 2024 that he was an Irish citizen by descent (his father having been born in Ireland many years ago). The power used by the SSHD to sign the deportation order, and then detain YS under immigration powers pursuant to the order [1], does not apply to Irish citizens. It is also longstanding UK policy to only pursue deportation of Irish citizens under alternative powers in exceptional circumstances (such as where terrorism offences are involved). The SSHD acknowledged such circumstances were not present in YS’s case.
YS’s solicitor urgently filed an application for a writ of habeas corpus, on Wednesday 3 June 2025. That same day, Mr Justice Pepperall ordered a hearing for Friday 5 June 2025, with case management directions set for midday, Thursday 4 June 2025.
The SSHD accepted that whether or not YS was an Irish citizen was a precedent fact, which could be determined through habeas proceedings, and that if he was an Irish citizen there would be no power to deport or detain him for that purpose. Initially, she disputed YS’s citizenship on an erroneous understanding of Irish nationality law, concluding that he was only entitled to Irish citizenship, rather than already actually holding Irish citizenship. Expert evidence on Irish nationality law was obtained, after which the SSHD conceded the point, but maintained that YS had failed to provide sufficient evidence to show his citizenship.
At the hearing, the parties agreed to a short adjournment, with the matter returning to Court the following Monday morning (9 June 2025). That morning, the SSHD conceded the claim. YS was released during the course of the hearing. Costs were awarded against the SSHD, despite her arguing there should be no order for costs.
Notes
[1] 1 Section 32 of the UK Borders Act 2007, and Schedule 3, paragraph 2(3) to the Immigration Act 1971, respectively.
