Imagine arriving in a new country, ready to start your studies, only to be detained at the airport and almost sent back home. That’s what happened to a student named Tazeem at London’s Heathrow Airport. His story led to a court case and a lesson about fairness and justice. The case we are discussing today, (Tazeem) v Secretary of State for the Home Department (SSHD), serves as a crucial example for migrants facing unlawful detention in the UK being awarded damages in immigration law.
Background
On 9 September 2022, a 19-year-old Pakistani student, Tazeem, arrived in the UK with a valid student visa to study in this country. He had provided proof of his English skills when applying. However, upon arrival at Heathrow, Border Force officers doubted his English ability despite his prior qualifications. They detained him from 8:16 pm on 9 September until 1:38 pm the next day. After two interviews, including one where he requested an Urdu interpreter, officers decided to cancel his visa and remove him from the UK. He was informed of this decision during a third interview and signed a waiver for administrative review.
Before the scheduled removal, he contacted lawyers, who quickly started a legal challenge. This stopped the deportation, and Tazeem was released on 10 September.
Court Opinion
On 12th September 2022, Tazeem raised judicial review on four grounds: (1) the Home Office failed to inform him of concerns over the authenticity of his English qualifications; (2) the visa cancellation was irrational or procedurally unfair; (3) the rejection of his request for administrative review was flawed; (4) his detention was unlawful.
The judge of the High Court allowed the judicial review on the first ground but dismissed the rest of the grounds. The judge held that the visa cancellation was procedurally unfair, as the appellant had not been clearly informed of doubts regarding his test certificates and thus had no chance to respond. This made the cancellation unlawful.
The Court of Appeal looked specifically at the time he was held after the visa cancellation. The judges said that before the visa was cancelled, the detention was legal. But after that point—since the decision was unfair—the remaining 11–12 hours of detention were unlawful. Tazeem was awarded £4,500 in damages.
Our comments
The Tazeem case highlights the importance of procedural justice in administrative actions. While the government has the right to assess an entrant’s eligibility, this must be done within the law, ensuring the individual has the chance to be informed and respond, especially when their freedom is at stake.
This case serves as a reminder for all visa holders to ensure that their actual circumstances align with the information provided in their visa applications. Discrepancies could lead to visa cancellation or detention. Entrants should be prepared to explain themselves if needed.
While defending one’s rights can be challenging, it is encouraging to know that a path to justice is always available. Procedural fairness is vital for protecting individuals’ rights and ensuring their voices are heard. While the judicial process can be time-consuming, it is an available option for those seeking help.
Should you or any of your relations face visa cancellation or need justice, please do not hesitate to contact Lisa’s law Immigration team. Our experienced team would be happy to assist you.
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