April 13, 2016
The public law department has had success in a judgement handed down today in The Queen (on the application of Gomes) v SSHD  EWCA Civ 373. The case concerned the lawfulness of our client’s detention in circumstances where the power to detain her had lapsed and yet she remained in immigration detention for a further 14 months. Our client remained in detention whilst she pursued her appeal against the decision to deport her. She won her appeal in the First Tier Tribunal and the Secretary of State failed to lodge an application for permission to appeal in time. It was common ground that at that point there was no longer any power to detain her as the appeal had been finally determined in her favour. She was therefore entitled to be released. The Secretary of State filed an application for permission to appeal five days out of time and was subsequently granted permission to appeal. No further authority to detain our client was produced or served by the SSHD prior to our client’s release on bail over a year later. There were two questions for the Court of Appeal to consider in this case.
Our client was represented by Raza Hussein QC of Matrix Chambers and Leonie Hirst of Garden Court Chambers who made a brilliant legal team. Nina Rathbone Pullen is the solicitor responsible for the case.
If you have a family case where you require some advice or representation, please contact Mavis for an appointment with a family solicitor on 020 8885 7986.