Deportation 'trick' ruled lawful
BBC News Tuesday 27th September 2005 | 26.10.2005 11:04
The Home Office did not act unlawfully by asking a man to attend a meeting in order to arrest him for deportation, a High Court judge has ruled.
Mr Justice Moses said details of the Home Office meeting were unclear
Lawyers for Jamaican Alrick Glanville, 34, accused officials of playing "a trick" on their client, as he had been promised a meeting about a work permit.
But Mr Justice Moses upheld the use of "devices" of this kind "for the purposes of immigration control".
Mr Glanville arrived in Britain in 1999 but overstayed his visa in 2002.
Mr Justice Moses said it could be argued that the letter sent to Mr Glanville in June 2005 about the meeting "was a device to obtain control over him for his arrest and removal".
But he said: "I don't think it is arguable that the device was in the circumstances unlawful.
"It was quite apparent that, for the purpose of immigration control, there was a risk that it would not be possible to remove this applicant were the letter to have been more forthcoming."
Work permit
Mr Glanville had been offered a three-year permanent position for a medical design and production firm.
His employer had offered to obtain a work permit for him, and he had applied for leave to remain, wrongly believing that the permit had been granted.
The letter did not alert him that anything was wrong
Mr Justice Moses
But immigration rules meant that, without a work permit, Mr Glanville needed to leave the UK and apply for leave to remain from Jamaica.
Mr Justice Moses said Mr Glanville's application for leave to remain was consequently turned down, but that he was not told.
Instead, the judge said the Immigration Service sent him a letter on 23 June telling him that, "further to his application for a permit, it was necessary for him to attend an interview".
"The letter did not alert him that anything was wrong," Mr Justice Moses said.
"He duly attended the meeting expecting to be interviewed in relation to the work permit. There is no evidence as to what happened, save that he was arrested."
Mr Glanville has a British-born daughter with spina bifida, and shares the care of her with his former partner.
He is mounting another legal challenge to stay in the UK based on his role as an important carer, under the European Convention on Human Rights.
Mr Justice Moses said details of the Home Office meeting were unclear
Lawyers for Jamaican Alrick Glanville, 34, accused officials of playing "a trick" on their client, as he had been promised a meeting about a work permit.
But Mr Justice Moses upheld the use of "devices" of this kind "for the purposes of immigration control".
Mr Glanville arrived in Britain in 1999 but overstayed his visa in 2002.
Mr Justice Moses said it could be argued that the letter sent to Mr Glanville in June 2005 about the meeting "was a device to obtain control over him for his arrest and removal".
But he said: "I don't think it is arguable that the device was in the circumstances unlawful.
"It was quite apparent that, for the purpose of immigration control, there was a risk that it would not be possible to remove this applicant were the letter to have been more forthcoming."
Work permit
Mr Glanville had been offered a three-year permanent position for a medical design and production firm.
His employer had offered to obtain a work permit for him, and he had applied for leave to remain, wrongly believing that the permit had been granted.
The letter did not alert him that anything was wrong
Mr Justice Moses
But immigration rules meant that, without a work permit, Mr Glanville needed to leave the UK and apply for leave to remain from Jamaica.
Mr Justice Moses said Mr Glanville's application for leave to remain was consequently turned down, but that he was not told.
Instead, the judge said the Immigration Service sent him a letter on 23 June telling him that, "further to his application for a permit, it was necessary for him to attend an interview".
"The letter did not alert him that anything was wrong," Mr Justice Moses said.
"He duly attended the meeting expecting to be interviewed in relation to the work permit. There is no evidence as to what happened, save that he was arrested."
Mr Glanville has a British-born daughter with spina bifida, and shares the care of her with his former partner.
He is mounting another legal challenge to stay in the UK based on his role as an important carer, under the European Convention on Human Rights.
BBC News Tuesday 27th September 2005