Case details

R (on the application of B) (Respondent) v Secretary of State for the Home Department (Appellant)

Case ID: UKSC 2015/0147

Case summary


Whether, once there is no longer a lawful basis for the detention of an individual pending deportation, there is still a power to grant bail and impose bail conditions in respect of that individual under the Immigration Act 1971.


The respondent entered the UK illegally. His nationality has never been confirmed. He was arrested in connection with alleged terrorist-related activity and detained for a period under anti-terrorism powers. He was notified of a decision to deport him and was detained pending deportation. Until 2014, the respondent remained either in prison or on conditional bail (including special bail conditions to allow his admission to hospital). In February 2014, the Special Immigration Appeals Commission found there was no reasonable prospect of removing the respondent from the UK and that, as a result, the legal basis for his detention under immigration legislation had fallen away. His bail conditions were subsequently relaxed in April 2014. The respondent argued that there was no jurisdiction to grant bail or impose bail conditions once there was no longer a lawful basis for his detention.

Judgment appealed

[2015] EWCA Civ 445



Secretary of State for the Home Department





Lord Neuberger, Lady Hale, Lord Mance, Lord Carnwath, Lord Hughes

Hearing start date


Hearing finish date