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Daily Mail
November 13, 2013
A foreign criminal jailed for sex offences against schoolgirls is to receive damages after a court ruled he had been held for too long while ministers tried to kick him out of Britain.
The 25-year-old man from Sudan, known as ‘JS’, was handed a four-year sentence in 2008 after luring 13 and 14-year-old schoolgirls to a house for sex but he remained behind bars when his sentence came to an end.
But the the fury of the Home Office today the Court of Appeal ruled that eight months of his detention was ‘unreasonable and unlawful’.
He claimed he could not be deported because he was a member of the persecuted Zaghawa tribe from Darfur.
His family were subjected to intolerable treatment by the majority population of the area, he said.
JS was detained for just over two years while the Home Office tried to deport him after his sentence in a young offenders’ institution came to an end.
Today the court ruled: ‘His past criminal offending, of itself, cannot be any justification for implementing or extending his time in immigration detention’.
The judges said the administrative delays were unaccounted for – ‘the lack of any explanation makes difficult to hold that the period of detention was reasonable’.
Now London’s High Court will decide how much he should be paid in damages, if the figure cannot be agreed between the Home Office and JS’s lawyers.
But the Home Office is now examining all options to appeal against the ruling.
A spokesman said: ‘We are extremely disappointed with the court’s decision. We believe it is right that dangerous individuals are kept in detention, wherever possible, in order to protect the public.
‘We will continue to seek to deport individuals who show a complete disregard for the laws of this country.’
In January this year JS’s demand for compensation was dismissed on all grounds by Deputy High Court judge Philip Mott.
But Lord Dyson, Master of the Rolls, sitting with Lord Justice McFarlane and Lady Justice Sharp, has unanimously ruled his appeal must succeed.
Lord Justice McFarlane said Judge Mott had made ‘significant errors’ when he rejected the claim.
The judges said the administrative delays were unaccounted for – ‘the lack of any explanation makes difficult to hold that the period of detention was reasonable’.
Now London’s High Court will decide how much he should be paid in damages, if the figure cannot be agreed between the Home Office and JS’s lawyers.
But the Home Office is now examining all options to appeal against the ruling.
A spokesman said: ‘We are extremely disappointed with the court’s decision. We believe it is right that dangerous individuals are kept in detention, wherever possible, in order to protect the public.
‘We will continue to seek to deport individuals who show a complete disregard for the laws of this country.’
In January this year JS’s demand for compensation was dismissed on all grounds by Deputy High Court judge Philip Mott.
But Lord Dyson, Master of the Rolls, sitting with Lord Justice McFarlane and Lady Justice Sharp, has unanimously ruled his appeal must succeed.
Lord Justice McFarlane said Judge Mott had made ‘significant errors’ when he rejected the claim.
JS arrived in the UK in November 2004, hidden in the back of a lorry. Then apparently aged 16, the immigration authorities immediately discovered his presence in the UK and he claimed asylum.
