Gedi v SSHD

The Court of Appeal has overturned a decision of Mr Justice Edis and held that a curfew imposed on the claimant, Mr Gedi, under immigration powers was unlawful. The court held that the government has no power to impose a curfew either under powers for electronic monitoring or under powers conferred on the Secretary of State under Schedules 2 and 3 of the Immigration Act 1971. Since a curfew had never been imposed as a condition of bail, the Court of Appeal declared that the curfew was unlawful in its entirety and as a consequence the Claimant succeeded in his action in false imprisonment. The case has already led to a change of policy on the part of the Government in respect of immigration curfews and is of major significance to all persons who have been or are subject to potential detention under immigration powers.

The full judgment can be read in the attached pdf. 

Tom Hickman acted for the Claimant.