R (on the application of DN (Rwanda)) (AP) (Appellant) v Secretary of State for the Home Department (Respondent)
Case ID: UKSC 2018/0140
The Supreme Court is asked to consider (1) whether R (on the application of Draga) v Secretary of State for the Home Department  EWCA Civ 842 ("Draga") was correctly decided and (2) whether the Court of Appeal in this case was, in fact, bound for the reasons it gave to follow Draga.
DN is a Rwandan national who had been granted refugee status but was subsequently convicted in the UK of certain offences. At the conclusion of DN’s imprisonment, the Secretary of State for the Home Department made a deportation order using powers conferred by the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 ("2004 Order"). On 31 January 2008, the Secretary of State for the Home Department, using its powers of administrative detention conferred by schedule 3, paragraph 2(3) of the Immigration Act 1971, made an order for the DN’s detention pending deportation. DN spent 242 days in detention pending deportation.
DN brought a claim for judicial review of the deportation order, but the proceedings were stayed to enable the question of the legality of the 2004 Order to be resolved in EN (Serbia) v Secretary of State for the Home Department  EWCA Civ 630,  QB 633. The Court of Appeal found that the 2004 Order was ultra vires and consequently unlawful. DN therefore amended his judicial review proceedings to concentrate on the lawfulness of the detention. However, these proceedings were brought to a halt by the decision of the Court of Appeal in Draga.
In light of the decision in Draga, it was agreed between the parties that the Administrative Court in this case was bound by the judgment of the Court of Appeal in Draga. It was therefore bound to find against DN on the question of whether his imprisonment was unlawful ab initio for public law error. DN appealed and the substantive appeal was heard by the Court of Appeal on 18 January 2018. The Court of Appeal dismissed the appeal. DN now appeals to the Supreme Court.
Secretary of State for the Home Department
Bail for Immigration Detainees (BID)
Lord Kerr, Lord Wilson, Lord Carnwath, Lady Black, Lord Kitchin
Hearing start date
07 Oct 2019
Hearing finish date
08 Oct 2019