Failed asylum seekers win legal battles with Home Secretary


Home Secretary Theresa May has lost two court fights with failed asylum seekers in the space of a few days.

One High Court judge has ruled that Ethiopian Gadisa Ararso, 27 is entitled to compensation because he had been unlawfully held in immigration detention for about seven weeks pending deportation, and another has ruled a woman who has been deported should be allowed to return to the UK so she can attend an appeal hearing.

Both cases have been analysed at High Court hearings in London.

Mr Justice Kerr concluded Mr Ararso's detention had initially been lawful because his removal from the UK was imminent. But the judge said circumstances had changed when Mr Ararso announced his intention to mount a legal challenge to Mrs May's decision to deport him.

The judge concluded Mr Ararso had been unlawfully detained between September 16 and November 7, 2014. He said he hoped Mr Ararso would be able to agree a compensation figure with Mrs May but gave no indication of the size of any award.

Mrs May had fought Mr Ararso's unlawful detention claim. Lawyers representing her argued there was a risk he would abscond if released.

Mr Justice Collins did not identify the woman in the case he analysed, nor name the country she came from.

He said her asylum claim had been refused and she had been deported. She had appealed against the decision and wanted to travel back to Britain to attend the appeal hearing.

Lawyers representing Mrs May argued the woman might abscond if she was allowed back into Britain.

But Mr Justice Collins ruled in the woman's favour and said she should be allowed to return to attend the hearing.