Immigration

Applicant detained pending execution of deportation - unsuccessful challenge to refusal to revoke deportation order - Court of Appeal having original jurisdiction to grant bail pending appeal but great weight to be attached to secretary of state's decision, reasons and policyR (Sezek) v Secretary of State for the Home Department: CA (Lords Justice Peter Gibson, Buxton and Jonathan Parker): 25 May 2001The applicant, against whom a deportation order had been made and who was detained under paragraph 2(3) of schedule 3 to the Immigration Act 1971, applied to the Court of Appeal for bail pending his appeal against the refusal of his application for judicial review of the secretary of state's refusal to revoke the order.Malcolm Bishop QC and Osama Daneshyar (instructed by T Osmani & Co) for the applicant.

Lisa Giovannetti (instructed by the treasury solicitor) for the secretary of state.Held, refusing the application, that the High Court had power in judicial review proceedings to make ancillary orders temporarily releasing an applicant from detention and on appeal in such proceedings the Court of Appeal by virtue of section 15(3) of the Supreme Court Act 1981 could make the like order; that the Court of Appeal in those circumstances would be exercising an original jurisdiction rather than judicially reviewing the secretary of state's decision; but that, given that the secretary of state was designated by the Immigration Act 1971 as the person to decide whether a person against whom a deportation order was in force should be detained and given his experience in that area, it was plainly right that great weight should be given to the fact that he had decided that that person should be detained and to the reasons why he had opposed the release of that person, and in that context it was also right to take full note of the policy of the secretary of state; and that, on consideration, the points made on behalf of the applicant did not outweigh those taken by the secretary of state.