Alex Schymyck of Garden Court Chambers represented the client, instructed by Tom Leahy and Gemma Lynch of Duncan Lewis Solicitors.
The below content has been reproduced from a Duncan Lewis press release.
The release of a highly vulnerable individual from immigration detention, into suitable Home Office accommodation has been successfully secured following a successful urgent interim relief application.
The client, who has been diagnosed with paranoid schizophrenia and is highly vulnerable, previously spent time in a psychiatric hospital. Despite his mental health history and numerous barriers to his removal from the United Kingdom, including a deportation matter, a nationality dispute, and significant health problems, he was moved to immigration detention following a criminal conviction. While in detention, his health deteriorated to such a degree that he was detained under the Mental Health Act for approximately three months before being moved back to immigration detention.
After several failed attempts to persuade the Home Office to release the client before his health worsened further, and before the need for intervention from the High Court, the legal team issued urgent proceedings for Judicial Review, including an application for urgent interim relief.
Following a successful interim relief hearing, the Home Office arranged for the client’s release from immigration detention into suitable Home Office accommodation. The Home Office also agreed to cover the legal fees for the application.
The matter will now be transferred to the County Court to address the issue of liability for the unlawful detention and potential damages.
