Unlawfully imposed curfews amount to false imprisonment

In R (Gedi) v Secretary of State for the Home Department [2016] EWCA Civ 409 the Court of Appeal reversed a High Court decision that the words “restriction as to residence” in paragraph 2(5) of Schedule 3 to the Immigration Act 1971 empowered the Secretary of State to impose a curfew on people released from immigration detention. In that case the Home Office had sought to argue that, although there was no lawful basis for its imposition, those who had been unlawfully subject to curfew could not sue for false imprisonment. Procedural irregularities prevented the Secretary of State from arguing the issue at the time. In the recently reported case of R (Jollah) v Secretary…

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