Alex Schymyck of Garden Court Public Law Team represented the claimant, instructed by Lewis Kett and Dominic Chambers of Duncan Lewis Solicitors.
Following an interim relief hearing, in R(Barizi) v Secretary of State for the Home Department [2023] EWHC 3491 (Admin), the High Court ordered the Secretary of State for the Home Department to release the Claimant from immigration detention to Schedule 10 accommodation.
The Secretary of State for the Home Department had maintained that the Claimant was not entitled to Schedule 10 accommodation due to alleged non-compliance with attempts to obtain an emergency travel document. However, Mrs Justice Ellenbogen DBE accepted the Claimant’s submissions that the Secretary of State for the Home Department had failed to properly particularise the allegations against the Claimant or identify the further information that was now required. In the circumstances, the judge concluded that a mandatory order was justified with accommodation to be provided within ten days.