Case details
Decided Cases will be published after Judgments are handed down.
For Judgments handed down before 31 July 2009 please refer to the House of Lords website.
| General | |
|---|---|
| CaseID | UKSC 2009/0022 |
| Case name | R (on the application of SK (Zimbabwe)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) |
| Case stage | Awaiting Judgment |
| Date of issue | 02 Jun 2009 |
| Expedition requested | |
| Order being appealed - Date | 06 Nov 2008 |
| Order being appealed - Court | Court of Appeal (Civil) (EW) |
| Devolution | No |
| Human Rights raised | |
| Human Rights raised - details | |
| Intervener | Yes |
| Case Summary |
|---|
|
On Appeal from the Court of Appeal (Civil Division) of England & WalesAppellant: SK (Zimbabwe)Respondent: Secretary of State for the Home DepartmentIssue: Whether a person is unlawfully detained by reason of the Secretary of State’s failure to carry out regular reviews of their detention.Facts:The Appellant (SK) is a Zimbabwean national detained by the Secretary of State pending deportation, on the basis that he was an unlawful overstayer who was likely to abscond. SK sought judicial review of his detention alleging that it was unlawful in light of a failure to carry out regular reviews.4 October 2006 - AIT - Appeals dismissed4 January 2007 - AIT - SIJ Allen - Reconsideration ordered6 July 2007 - AIT - IJ Blair-Gould - Decision upheld on appeal25 January 2008 - High Court - Munby J - (i) Detention during periods as specified declared unlawful; (ii) Claim for mandatory order requiring discharge from detention dismissed; (iii) Permission to appeal granted to Defendant and Claimant respectively; (iv) Claim for damages stayed pending appeal. 6 November 2008 - Court of Appeal (Civil Division) - Laws, Keene & Longmore LJJ - Appeal on (i) allowed. Respondent’s cross-appeal dismissed; Balance of Respondent’s claim for judicial review remitted.
|
| Permission to appeal | |
|---|---|
| Date supporting documents received | 23 Feb 2009 |
| Date PTA application referred to justices | 27 Apr 2009 |
| Date of oral hearing | |
| Permission granted/refused | Granted |
| Notice of intention to proceed filed | Yes |
| Parties | |
|---|---|
| Appellant name | SK (Zimbabwe) |
| Appellant case due date | 06 Jan 2010 |
| Appellant case date filed | 05 Jan 2010 |
| Respondent name | Secretary of State for the Home Department |
| Date form 3 filed | 29 May 2009 |
| Date form 3 issued | 18 Feb 2009 |
| Respondent case due date | 20 Jan 2010 |
| Respondent case date filed | 20 Jan 2010 |
| Intervener - names | Bail for Immigration Detainees |
| Appeal | |
|---|---|
| Justices allocated | Yes |
| Justices allocated - names | Lord Hope of Craighead Lord Rodger of Earlsferry Baroness Hale of Richmond Lord Brown of Eaton-Under-Heywood Lord Kerr of Tonaghmore |
| PTA granted by court below | No |
| Statement of facts & issues and Appendix due date | 05 Oct 2009 |
| Statement of facts & issues and Appendix date filed | 05 Oct 2009 |
| Time estimate | |
| Time estimate received | |
| Time estimate number of days | 2 days |
| Hearing date | 10 Feb 2010 |
| Other hearing location | |
| Core volumes due date | 27 Jan 2010 |
| Core volumes date filed | 27 Feb 2010 |
| Authorities due date | 27 Jan 2010 |
| Authorities date filed | 27 Feb 2010 |
| Hand down date | |