Special Immigrations Appeals Commission

 


Appeal No: SC/36/2005

Date of Application: 24 August 2006

Date of Judgment: 29 September 2006

SPECIAL IMMIGRATION APPEAL COMMISSION Before: THE HONOURABLE MR JUSTICE OUSELEY (CHAIRMAN) Between: 'Y'

APPELLANT

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

RESPONDENT

For the Respondent: Mr R Tam

Instructed by the Treasury Solicitor

for the Secretary of State

For the Special Advocate: Mr K Beal

Instructed by the Treasury Solicitor for the

Special Advocate

For the Appellant: Mr D Friedman

Instructed by Birnberg Peirce & Partners

OPEN BAIL JUDGMENT

1. On 24 August 2006, the Commission handed down its determination, dismissing 'Y's appeal against the SSHD's decision to make a deportation order in respect of him.

2. On 21 August 2006, following a written application by the SSHD, and in the knowledge of the decision shortly to be made known to the parties, I revoked 'Y's bail. He had been on bail for some months, on decreasingly strict terms. He was detained again on that same day.

3. It is unlikely that the mere fact that 'Y's appeal had been dismissed would have caused me to revoke bail, nor was that imminent prospect the basis for the application.

4. For the reasons which can only be given in closed, the application for bail is refused.

MR JUSTICE OUSELEY

CHAIRMAN