The High Court today ordered the release of a Somali immigration detainee who has been held for almost two years. The ruling of unlawful detention delivers a devastating blow to the Home Office’s policy of detaining indefinitely Somali immigrants who cannot be deported. It may lead to the release of many more asylum seekers and immigrants, who continue to be detained for periods of years, despite the impossibility of return.
The case was brought by MM, a young Somali client of LDSG with a wife and children who has lived legally in the UK since he was a child. He was detained in September 2007 after finishing a short prison sentence. He was given a deportation order to Mogadishu, capital of Somalia, and has been held in Colnbrook Immigration Removal Centre near Heathrow Airport ever since.
Mr Justice Charles estimated that it was unlikely that MM could be deported within 18 months. Describing the length of time that detainees could be held as “like elastic”, he declared “enough is enough, the elastic has broken”.
Sue Willman of leading human rights solicitors Pierce Glynn, who represented MM, said ‘This decision is a warning bell that the Home Secretary should review the detention of any Somalis from Mogadishu as their detention is likely to be unlawful until the European Court of Human Rights has considered whether the UK is breaching human rights by sending people back there’.
Jerome Phelps, Director of London Detainee Support Group, said “This case highlights the plight of indefinite detainees, who are trapped in a bureaucratic nightmare with no exit. We are supporting many detainees who cannot return and are detained for years, at huge public expense, because the Home Offices refuses to release them.”
Deportation to Mogadishu, arguably the most dangerous city in the world, is currently impossible, as the European Court of Human Rights has issued notices suspending removals. The European Court will not make a final judgement until several domestic cases are resolved, which may take months or years. Nevertheless, the UK Border Agency continues to detain indefinitely significant numbers of Somalis. Detention visitors groups recently documented 20 Somalis who have been detained for more than a year.
Deportation to Mogadishu, arguably the most dangerous city in the world, is currently impossible, as the European Court of Human Rights has issued notices suspending removals. The European Court will not make a final judgement until several domestic cases are resolved, which may take months or years. Nevertheless, the UK Border Agency continues to detain indefinitely significant numbers of Somalis. Detention visitors groups recently documented 20 Somalis who have been detained for more than a year.
LDSG has been working with several solicitors since the launch of our campaign to initiate strategic litigation to challenge the practice of unlawful detention. Prior to this, very few unlawful detention actions have been brought. There are hopes that a series of rulings by the High Court will force a change of policy.
