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02/01/2026
On 29 December 2025, Foster J handed down judgment in R (AA) v Secretary of State for the Home Department [2025] EWHC 3404 (Admin). The judicial review claim was heard over 2 days on 21 and 22 May 2025. Sian Reeves appeared for the Home Secretary, led by Mathew Gullick KC. Foster J held that a “stage 1” deportation decision which notified a prisoner of liability to deportation did not constitute a “decision to make a deportation order” for the purposes of section 259(a) of the Criminal Justice Act 2003 and therefore did not render a prisoner ineligible for home detention curfew under section 246 of the Act.
A link to the judgment can be found here.
