R (Francis) v Home Secretary


Practice Areas

Public Law

Cases Citation

[2014] EWCA Civ 718, [2015] 1 WLR 567

The Appellant was detained for deportation after a criminal court recommended that he be deported. Subsequent administrative detention reviews were legally flawed.

Where deportation flows from the Home Secretary’s decision, a legally-flawed detention review could mean that the next period of detention was unlawful and amounted to false imprisonment. In a court-recommended case, did the statute authorise that detention so that the appellant was not entitled to damages for false imprisonment?

Related Barristers

Robin Tam QC

Robin Tam QC
Year of Call: 1986
Year of Silk: 2006