Jed Pennington's Notable Cases

Jed's notable cases include:

FTH v SSHD (June 2018)

The Upper Tribunal ruled that the Home Office breached the rights of a child refugee from Eritrea, quashing decisions made in an expedited decision-making process established after the Calais camp was demolished in 2016, and holding that the continuing failure to admit the applicant to join his brother in the UK was unlawful.

Medical Justice and Others v SSHD [2017] EWHC 2461 (Admin) (October 2017)

Represented Medical Justice and a former detainee in a successful challenge to the Home Office’s “adults at risk” policy concerning the detention of vulnerable persons, Ouseley J holding that the narrowing of the definition of torture was contrary to the purpose of s59 Immigration Act 2016, and lacked a rational or objective evidence base.

SB, JIH and JDH v SSHD (JR/7655/2017) (September 2017)

McCloskey J ordered the immediate admission of a Syrian family pursuant to their rights under article 16(1) of Dublin III and article 8 ECHR.

Bruno Dos Santos, deceased (May 2016)

A critical jury narrative verdict at inquest into death of detainee who died at the Verne immigration detention centre.

R (MK, IK and HK) v SSHD [2016] UKUT 231 (April 2016)

A successful judicial review brought by a mother and her two unaccompanied refugee children stranded in Calais. The Tribunal gave guidance on the SSHD’s duty of enquiry and investigation under Dublin III and article 8 ECHR and ordered DNA testing. IK and HK were reunited with their mother and siblings in the UK.

Gemma Whitehead, deceased (April 2016) 

The inquest jury found neglect contributed to death of vulnerable psychiatric patient.

R (Babbage) v SSHD [2016] EWHC 148 (Admin)

The Administrative Court held that the continued detention of a Zimbabwean national, who had been held for more than 2 years and did not wish to return voluntarily, was unlawful.

Tarakhil v Home Office [2015] EWHC 2845 (QB)

The High Court found that the detention of a young Afghan man over 21 days in early 2012 was unlawful and ordered the Home Office pay damages of £21,250.

M v Secretary of State for the Home Department (October 2015)

The Secretary of State conceded that the detained fast track was unfair for a vulnerable victim of domestic violence and that her detention over nearly four month’s at Yarl’s Wood was unlawful.

R (MD) v Secretary of State for the Home Department[2014] EWHC 2249 (Admin) (July 2014)

the court found that a woman who developed severe mental illness as a result of immigration detention at Yarl’s Wood was unlawfully detained over a near 11 month period from October 2011 to September 2012. The conditions she was detained in at Yarl’s Wood, which included frequent segregation and use of restraint by male guards, was inhuman and degrading in breach of article 3 ECHR.

JAO & Others v Home Office & Tascor (May 2015)

A claim for false imprisonment and assault brought by a mother and four children arising out of detention and attempted removal of the family in May 2012. The Home Office conceded that the family were falsely imprisoned because they should have been given the opportunity to leave voluntarily.

Nkata v Avon & Somerset Police & Home Office (November 2014)

Avon & Somerset Police admitted that a woman had been unlawfully arrested and detained when she was arrested by police officers at the door of the church on her wedding day, also admitting that her husband’s article 8 rights were breached and providing an apology.

Nicolas Saunders, deceased (October 2012)

A critical narrative jury verdict at inquest into self-inflicted death of vulnerable 18 year prisoner at Stoke Heath YOI.

R (EH) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin)

A case taken on when the claimant, a survivor of the Rwandan genocide, was in immigration detention facing imminent removal. In response to the litigation, the Secretary of State released him and granted him leave to remain. The court found he was unlawfully detained, including contrary to his rights under article 5 and 8 ECHR. Jed also acted pro bono in EH’s asylum appeal, which was heard in November 2012 and resulted in EH being recognised as a refugee.

AM v Secretary of State for the Home Department [2012, Central London County Court, unreported]

The Home Office was found to have falsely imprisoned a Zimbabwean man detained under immigration powers over a 13 month period between November 2007 and January 2009. The court found that from May 2008 there was no realistic prospect of removing him due to official Government policy to suspend removals because of the violence and dire humanitarian conditions in Zimbabwe following the elections in March 2008.

R (BA) v Secretary of State for Home Department [2011] EWHC 2748 (Admin)

The court found the claimant, a severely mentally ill man detained under immigration powers, was unlawfully detained for 3 ½ months and subjected to inhuman and degrading treatment in breach of article 3 ECHR. Transfer to hospital under the Mental Health Act and release were achieved by way of interim relief.

R (S) v Secretary of State for the Home Department [2011] EWHC 2120 (Admin)

The court found the claimant, a severely mentally ill man detained under immigration powers, was unlawfully detained for 5 months. It also found that the conditions he was detained in at Harmondsworth IRC constituted inhuman and degrading treatment (the first time a UK court found conditions of immigration detention to breach article 3). Transfer to hospital under the Mental Health Act and release were achieved by way of interim relief.

R (MC (Algeria)) v Secretary of State for the Home Department [2010] EWCA Civ 347

Which concerned a challenge to detention under immigration powers by a long term detained Algerian national suffering from serious mental disorder.

 

 
 
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Jed Pennington,photo Sarah Booker
 

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