QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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The Queen on the application of Samson Bello |
Claimant |
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- and – |
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The Secretary of State for the Home Department |
Defendant |
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Andrew Byass (instructed by Government Legal Department) for the Defendant
Hearing dates: 17 April 2020
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Crown Copyright ©
Mr Justice Chamberlain:
Introduction
"1. You are strongly advised to stay within your cell and avoid any face-to-face contact for a period of at least 12 weeks from the day you receive this letter.
2. Strictly avoid contact with someone who is displaying symptoms of coronavirus. These symptoms include high temperature, and/or a new continuous cough.
3. Do not attend any gatherings.
4. Do not attend work, activities or the gym.
5. Fresh air/exercise will be arranged by the officers as the regime allows."
"Mr Bello, who has mental health issues, has now been detained for 4 months which is much longer than envisaged due to the cancellations of RD's on several occasions."
The authorising officer said this:
"I have reviewed the recommendation that detention is maintained in this case and based on the current information, I agree that this remains justified and appropriate. Mr Bello committed serious sex offences and the JSR outlines that there were 3 victims. He has been under a hospital order as he has mental health condition. He is assessed by his RO to present a low risk of harm and re-offending, he presents a high risk of absconding.
He is an AAR at level 2. There have been 3 attempts for RDs to be set the most recent had to be cancelled in light of flight disruption due to COVID 19. RDs to be arranged as soon as we are able to do so however the CO should continue to monitor his health in detention and availability of flight."
The claim
"In all cases, caseworkers should consider on an individual basis whether removal is imminent. If removal is imminent, then detention or continued detention will usually be appropriate. As a guide, and for these purposes only, removal could be said to be imminent where a travel document exists, removal directions are set, there are no outstanding legal barriers and removal is likely to take place in the next four weeks.
Cases where removal is not imminent due to delays in the travel documentation process in the country concerned may also be considered for immigration bail. However, where the FNO is frustrating removal by not co-operating with the documentation process, and where that is a significant barrier to removal, these are factors weighing strongly against release."
Under § 55.3.2.11, those assessed as low or medium risk should generally be considered for rigorous contact management, rather than detention. It is said on Mr Bello's behalf that, given the restrictions on travel to Nigeria imposed in response to the COVID-19 pandemic, removal was not "imminent" within the meaning of Chapter 55 of the EIG. That being so, it would take very compelling factors to justify detention for any length of time. Although Mr Bello's index offence was serious, there is no evidence that he now poses an elevated risk of reoffending. In any event, in considering the reasonableness of his continued detention, it was critical to bear in mind the significant risk to his physical health by reason of increased risk of exposure to COVID-19 and the risk of deterioration of his mental health if detention is maintained.
The Secretary of State's response
(1) Social distancing from the main population through separation in a small unit;
(2) Meals to be taken in room;
(3) Social distancing for the occupants of the unit encouraged by staff.
(4) Vulnerable detainees encouraged to wear facemasks when leaving their rooms on the unit.
(5) Vulnerable detainees encouraged to remain in their room.
Submissions for Mr Bello at the hearing
Submissions for the Secretary of State at the hearing
Discussion
Conclusion